What should I do if I am being sued for unpaid tuition? 18 Answers as of July 08, 2013I am being sued for 20,000. It is completely unpaid tuition, I attended for a semester thinking I would be able to pay for it somehow. Then the economy tanked and I couldn't even qualify for a loan. I am not sure what to do, what type of lawyer to find, or what. Suggestions? Also can this be discharged in bankruptcy?
Law Office of Diane K. Davison, Esq. | Diane K. Davison
Unfortunately, student loans are among the debts that are often not discharged in bankruptcy. You must prove that paying the student loan would present a hardship, and petition to have the student loan discharged as a separate motion in your bankruptcy case. If this is your only debt, however, you might not want to file bankruptcy at this point in time. It might be possible for you to work out a payment plan agreement with the lender, if you cannot afford the current payments. You might also be able to have the loan refinanced by a different lender, resulting in lower monthly payments. I suggest you first contact the existing ender and see if you can work out a lower payment that will fit into your budget. $20,000 sounds like a lot of money, but spread over a period of time, you might be able to pay it off. If the lender does not cooperate with you, and harasses you about the loan, you could contact a consumer law attorney. If you cannot afford an attorney, you might be able to get some legal advice from your area non-profit legal aid society about your debt, as well. Good luck!
Answer Applies to: Florida
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Student loans are not dischargable in bankruptcy; you may look into Chapter 13 bankruptcy to put the loan into a repayment plan which will buy you time to work things out but otherwise, working with the creditor directly is your best bet outside of bankruptcy.
Answer Applies to: Indiana
Ashman Law Office | Glen Edward Ashman
The debt may or may not be dischargeable and you need a lawyer to review the paperwork from the tuition to answer that. Student loans are not dischargeable, but money due for tuition that is not a loan likely would be dischargeable. The exact language matters and an experienced lawyer can review it. Get one.
Answer Applies to: Georgia
Tucker Legal Clinic | Samuel Tucker
This debt can be discharged in a Chapter 7 - as long as it is not a student loan. I would have to know more about your situation and plans before I would advise filing a bankruptcy. Issues are: do you plan to stay in the school area; ever want to attend that school again; other debts; etc.
Answer Applies to: Mississippi
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
Generally Michigan courts have treated unpaid tuition like a student loan and have not treated them as dischargeable. I really don't know what kind of attorney to recommend because there doesn't sound like there is a defense. You incurred the debt, it is not dischargeable, so I would try to get payments set up. If you think there was some kind of fraud or some other defense, call your local bar association and they should be able to refer you to someone in your area.
Answer Applies to: Michigan
The Law Offices James Burns | James Burns
Depending on your current income, you may qualify for free or reduced-fee legal assistance from New Mexico legal aid or other legal service providers. There are a few exceptions to this general rule, but generally, federal student loans are not dischargeable.
Answer Applies to: New Mexico
Law Office of Xochitl Anita Quezada | Xochitl Anita Quezada
Student loans for tuition cannot be discharged in bankruptcy. I suggest you give them a call and work out a payment plan based upon your hardship. They will look at your expenses and see what disposable income you have. They will then base payments on that disposable income. Good luck.
Answer Applies to: California