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Author Topic: Discharged Student Loan (So I thought)  (Read 2357 times)

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Offline jazzstar

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  • Posts: 1
Discharged Student Loan (So I thought)
« on: August 06, 2011, 09:52:11 PM »
Hello!  I've been positive for nearly 20 years.  During the first few years (pre triple comb) I was given an AIDS diagnosis due to my tcell count.  Having just lost my partner to AIDS I decided to "get things in order" so my folks wouldn't have to deal with lingering bills, etc.

I declared personal bankruptcy and had my student loans permanently discharged.  At the time this was a huge relief!

Fortunately, my numbers improved significantly and I decided to go back to work.  The bankruptcy and student loans did cross my mind but I decided that I had handled them legally and who knew how long these new medication would last.  Case closed.

Nearly 20 years later I began receiving letters from a collection agency about the student loans.  After multiple calls and being harassed I stopped responding to the collection agency.

The Department of Education has now began sending me letters requesting payment.   They are saying they have no record of a discharge and that I owe three times the loan amount in full.  I did not save any records as I did not expect to be needing them!

I have not worked in nearly seven years as I have some facial wasting issues.  Yes, I've tried sculptra to no avail.

Am I the only one out there with this experience or can anyone relate?    Looking for some direction.  I have just reached out to the Aids Legal Referral Service at the medical clinic I attend and hope to get some guidance.

Thanks for listening and perhaps for sharing your thoughts!

 




Offline BT65

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Re: Discharged Student Loan (So I thought)
« Reply #1 on: August 07, 2011, 06:19:53 AM »
Jazz, sorry you're having to deal with this.  When I was first diagnosed, I had a couple student loans discharged, and have since gone back to work. I've never heard anything about the discharged loans.  Something not right must have happened when you went through the discharge process. 

When I had mine discharged, I had gotten a letter from the state of Michigan (they were the holders) stating they were all totally "forgiven."  The doctor I had at the time filled out the paperwork.   

If they have no record if you getting them discharged, I wonder if you could get them discharged now?  I mean, in case something happened to where it really didn't go through the first time, as you thought it did.  It just doesn't make sense that they would be coming back on you for loans that you thought were forgiven.  I'm interested in this scenario, so please let us know what happens. 
I've never killed anyone, but I frequently get satisfaction reading the obituary notices.-Clarence Darrow

Offline red_Dragon888

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Re: Discharged Student Loan (So I thought)
« Reply #2 on: August 08, 2011, 02:45:25 AM »
It is part of a money making scheme that "collection agencies"of businesses and apparently state governments use to get back student and other types of loan even if was discharged 40 years.  The main thing is if they can make you agree that you still owe the money and make a payment, and have a recording as proof for the court, they will then force you to pay back the loan in full.  In your situation, it is likely that the State has seen, somewhere on record, that you had a loan and it was not paid back.  They are not concern that it was discharged, as long as the can get you and people in the same situation to pay it back.  It is pure business and a money in the state's pocket.  

You have proof that it was discharged and you can send a copy of the discharge letter to the appropriate state office and a letter of complaint to the Governor, the Mayor and the State Attorney General Office to enforce your position and to have all the agencies and government offices know that possible illegal collectionpractices are being used against the people of your state.  You have rights and the letter is proof that the loan was discharged.  Stand up to them and fight for your rights.  
« Last Edit: August 08, 2011, 02:54:51 AM by red_Dragon888 »
http://www.youtube.com/watch?feature=player_embedded&v=I3ba3lnFHik

“Neither look forward where there is doubt nor backward where there is regret. Look inward and ask not if there is anything o

Offline red_Dragon888

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  • Posts: 2,811
  • Love and Be Love in Return
Re: Discharged Student Loan (So I thought)
« Reply #3 on: August 08, 2011, 02:47:58 AM »
Hello!  I've been positive for nearly 20 years.  During the first few years (pre triple comb) I was given an AIDS diagnosis due to my tcell count.  Having just lost my partner to AIDS I decided to "get things in order" so my folks wouldn't have to deal with lingering bills, etc...

Nearly 20 years later I began receiving letters from a collection agency about the student loans.  After multiple calls and being harassed I stopped responding to the collection agency.

The Department of Education has now began sending me letters requesting payment.   They are saying they have no record of a discharge and that I owe three times the loan amount in full.  I did not save any records as I did not expect to be needing them!


Am I the only one out there with this experience or can anyone relate?    Looking for some direction.  I have just reached out to the Aids Legal Referral Service at the medical clinic I attend and hope to get some guidance.

Thanks for listening and perhaps for sharing your thoughts!
You can try to find court records of your case and they will have the information that the loans were discharged.  Then take that proof, send a copy to the "collection agency," and tell them to take your name off the call list.  After that, send a letter of complaint to the Governor's, the Mayor and the State Attorney General office and have all let them know that you are being harassed by some "collection agency."  Stand up to them for you are in the right. 
« Last Edit: August 08, 2011, 02:54:07 AM by red_Dragon888 »
http://www.youtube.com/watch?feature=player_embedded&v=I3ba3lnFHik

“Neither look forward where there is doubt nor backward where there is regret. Look inward and ask not if there is anything o

Offline red_Dragon888

  • Member
  • Posts: 2,811
  • Love and Be Love in Return
Re: Discharged Student Loan (So I thought)
« Reply #4 on: August 08, 2011, 03:01:00 AM »
You can find court records of your case and they will have the information that the loans were discharged.  Then take that proof, send a copy to the "collection agency," and tell them to take your name off the call list.  After that, send a letter of complaint to the Governor's, the Mayor and the State Attorney General office and have all let them know that you are being harassed by some "collection agency."  Stand up to them for you are in the right.  
To stop the harassing calls, simply tell the to stop calling and have a record of the date and time you told them to stop.  If they continue to call, have a record of every call they made to you, tell them again to stop and let the State Attorney General know you had told them to stop calling and they have not complied.  The State Attorney will then directly investigate the matter and tell the collection agency to stop.
http://www.youtube.com/watch?feature=player_embedded&v=I3ba3lnFHik

“Neither look forward where there is doubt nor backward where there is regret. Look inward and ask not if there is anything o

 


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