Legal Question in Credit and Debt Law in Wisconsin
My parents and I have been having issues with Sallie Mae. My student loans that my parents co-signed on were delinquent, however my parents contacted them and set up new payment terms that would bring the loans current so long as they set up an automatic withdrawal for the payments. They did this but Sallie Mae continued to harass both my parents and myself about the loans being delinquent. They had no record of the agreement that was made and said it would have to be set up again, which it was. Once again we continued to be harassed about the loans being delinquent and to make a payment. We went through the same process once again, this time with a higher payment. Now they have again continued to harass us about the loans being delinquent. What action can we take against them for this harassment and continued damage to our credit which is unwarranted?
1 Answer from Attorneys
If you have a valid written contract with any creditor, you have the right to sue for specific performance of that contract, although suing Sallie Mae would be an extremely expensive undertaking. I have had good luck, however, with student loan collectors cooperating with confirmed chapter 13 plans to handle this debt. Chapter 13 stays in bankruptcy specifically protect cosigners.
Do not assume that I am your attorney because of my response here, so I will not be taking any action on your case without additional arrangements. See fifteen years of other past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency http:// or at www.lawguru.com/answers/search/attorney/jknixon AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency.