Legal Question in Credit and Debt Law in Florida

School Loan

If someone can't make a full payment for a Student Loan can a debt collector take that person to court and if the person receive a letter from them stating that they have ten day to sent in the full payment and can't make that payment in the they say they will refer the account to an attorney in your jurisdiction for immediate action. Is that fair.


Asked on 3/15/07, 6:35 pm

2 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: School Loan

Without knowing more such action may be a violation of the FDCPA. I suggest you consult with competent counsel.

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Answered on 3/15/07, 8:43 pm
Barry Kaufman The Law Office of Barry W. Kaufman

Re: School Loan

the words "debt collector" have legal meaning, so without knowing for whom the "debt collector" works, an attorney really can't answer your question. As the first attorney suggested, you should consult with a lawyer.

As to the second part of your question, "fair" is relative. You may not like it, but the answer is yes, if you don't make the payment in the time period they've specified, they have every right to refer your file to an attorney.

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Answered on 3/16/07, 5:10 pm


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