Legal Question in Credit and Debt Law in Pennsylvania

I have been sued in PA over a private student loan debt but am living overseas and can't afford to go back to defend against the suit. Legal Services in Phila. won't help me unless I can prove I'm indigent and therefore eligible for legal aid in the country I live in, but doing that requires an attorney and I can't afford it.


Asked on 6/24/11, 3:32 am

1 Answer from Attorneys

And your question is what? I don't understand why you need an attorney to prove to legal aid that you qualify. You either qualify or you don't. If you don't, you will need to find any attorney. Check the local bar association to see if there are any attorneys who will handle a case "pro bono" (for free) or at a reduced rate.

However, what do you expect an attorney to do for you? If you owe the student loan, they are going to get a judgment against you regardless of what you do (assuming you have no defenses). The question then becomes what do you want to do about it?

First, is this a private student loan or a federal/givernment student loan? Federal student loans through the US Dept. of Education generally are not dischargeable in bankruptcy. If this is a private student loan, it is dischargeable and if you are going to spend money on an attorney, you should do so on a bankruptcy attorney. Many attorneys give free bankruptcy consults. I suggest that you find one and determine whether this student loan debt is or is not dischargeable, either outright or through some hardship program. If it is, save up the funds so that you can file bankruptcy.

If it is not dischargeable, then student loans will stay with you until your death. They can garnish your wages and seize any other property that you own in the US. Since you are overseas, what are your plans? Are you intending on living abroad permanently? Do you have any assets at all in the US? How are you managing to live? Do you get any wages or Social Security from a US source that could be garnished? If the answer is no, then they can sue and get a judgment but it will be very hard for them to collect it. Its possible, but very unlikely. if you do plan on coming back to the US at some point and want to be able to acquire assets in your name, then you will need to enter into some kind of arrangement with them to pay on the debt.

Why have you defaulted? Did you repay some of the student loan? Is there any kind of opporunity for some forgiveness (if you are a teacher for example?) The answer also may affect your ability to get the discharged in bankruptcy.

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Answered on 6/24/11, 10:39 am


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