student loans

[SylverByrde]

What is the name of your state?What is the name of your state? California
My husband and I filed for bankruptcy in 1998 and listed a student loan he had incurred before we were married. We received a letter from the attorney who did the paperwork for us that only his child support and current taxes due could not be discharged in the bankruptcy. No mention of the student loan. Now six years later we are being dunned by a collection agency for the loan. A 2,000.00 loan with penalties is now 11,000.00!
We assumed that the terms discharged and liquidated meant that the loan had been discharged. There is no record of the loan on our TRW. Are we being scammed?

 

[ihatearizona]

Most student loans are NOT dischargable through BK. Sadly enough, you probably owe the money.

If it's a collection agency that is coming after you, send them a debt validation letter via certified mail. If they send you anything back at all this would show how they came up with their current amount.

 

[SylverByrde]

student loan

We did write to them and ofcourse it is penalties/late fees. They are threatening to garnish my husband's wages and claim they can take 20% of his net. If they won't negotiate and drop the penalties what can we legally do if anything?

 

[ihatearizona]

I don't think there's a lot that you can do with student loans. Hopefully others will reply to give you a better idea. Student loans (like taxes) are one of those things that will haunt you forever if not paid.

 

[Ladynred]

When EXACTLY was the student loan due ?? The law on student loans was most recently changed in 1997, so its probable that it was NOT discharged if he filed for BK in 1998.