Legal Question in Credit and Debt Law in Tennessee

student loan

I defaulted on a student loan. But UNIPAC sent me a letter stating that my loan was paid in full. I know techinally it is not ethical to dodge a debt, but can I get out of my default status with this?


Asked on 11/05/04, 1:50 pm

1 Answer from Attorneys

Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: student loan

UNIPAC sent you a letter saying your loan was paid in full in error. Therefore, it is possible that UNIPAC will send you a subsequent letter saying that they found their error. The letter you are holding provides justification in not making further payments on your student loan until the matter is clarified. However, once corrected or clarified, UNIPAC may try to charge you interest saying that you should have reasonably known you still had a defaulted student loan. An error by the loan administrator will not extinguish your debt obligation; however, it may buy you some time to try to earn enough income to repay the loan. If the loan administrator does not catch the error within six years, then arguably the statute of limitations will run on the breach of contract (failure to repay a loan as per contract) cause of action.

Read more
Answered on 11/05/04, 2:43 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Tennessee