I’m Being Sued by MEFA
Posted by THROWRA_goodtoknow76@reddit | studentloandefaulters | View on Reddit | 24 comments
PLEASE READ I need advice. Today, I received a summons from my local sheriff’s dpt that MEFA (Massachusetts Educational Financing Authority) and their attorney, Zwicker & Associates are suing me, 25 y/o, and my co-signer, my 78 y/o grandmother who was diagnosed with Alzheimer’s this year for ~$26, 261.39. In the Summons I received, I do not see a court date but I was told that I have 20 days to respond with an “Answer”- a written response to the statements made by the Plaintiff (MEFA) in the complaint. In my Answer, I must state whether I agree or disagree with each paragraph of the complaint. In the Complaint, it states, “as a result of the default by Defendant(s), Plaintiff has accelerated the full balance due”. In the statement of damages, it says, “principle plus referred interest as of date of complaint plus court costs- $26, 261. 39”.
Context: I’m providing this context not for sympathy or pity but to help understand my situation. This private loan was signed by myself and my grandmother in 2017 when I was graduating highschool. I was living with her at the time and received a pamphlet from MEFA, and because I was going to be a first generation college student, I went ahead with the first thing I saw about “how to afford college”. I have had little to no family support my entire life. I’ve never lived with either of my parents, they rely on “under the table” income and government assistance to live. They are financially illiterate, as am I (but I’m now forcing myself to ask these questions that I’ve been avoiding). I was not prepared to have made those big life decisions at the time.
This loan is for an institution that I transferred from. I did not graduate from this institution. Actually, I have never graduated from college with a degree. In 2022, I completed a certificate program. So these loans were all a complete waste. I’m a 25 yo woman and I’ve struggled my entire life. As a toddler, I watched my parents run out of gas on the highway and steal from loved ones to get by. I vowed to myself as a little girl that I’d never live like them and here I am. In 2009, I was hospitalized and diagnosed with chronic anxiety, OCD, major depression and ADD. Other health issues include: Crohn’s disease, PCOS, chronic anemia and possibly Lupus (my mom has it and I have symptoms). In 2017, I developed binge eating disorder and gained 85+lbs. I stopped living and dropped out of college but returned in 2021 and got a certificate. I’ve been on SSRIs since 2009 but it is still nearly impossible for me to live my life outside of whichever family member I’m living with. I’m typically tossed around from grandparent to grandparent. I haven’t paid taxes since 2019, I’m currently unemployed with absolutely no income. I’ve been babysitting part time thru the years (which I genuinely enjoy and think it’s the only thing I’m good at), getting paid via Venmo. I currently live with my abusive mother, no, I’m not paying rent. I do own a 2005 Jeep. I have no savings account. I am $2K in credit card debt and also owe ~$27K in federal student loans. My co-signer for these private loans is my 78 yo grandmother who was recently diagnosed with Alzheimer’s. Her condition is deteriorating progressively. The court will most likely take away her house bc of this which my mom is supposed to get for my 3 innocent sisters to have a home one day. I learnt about Disability relief for fed loans but I think I need to apply for Social Security disability first? My psychiatrist told me SS doesn’t approve for disability benefits unless I undergo a neuropsych eval but the waitlist is ~1 yr. I can see no way out of this. I’m experiencing harmful thoughts. The little girl who promised to never live a life like this is broken. I cannot commit to a full time job because something always goes wrong. Whether with my family life, my health or simply just because I lack motivation and desire. My life seems to be worthless.
Please. If you read this. Please advise me on what I could do to save myself. Thank you so much.
Thumper727@reddit
First you need to respond to the summons. You should try to contact a lawyer for advice first! But do so asap. In most states debt collectors cannot take a primary residence ie your grandmother's home as long as she actually lives in it. Now if she has 2 homes then you need a lawyer. I say this next part with full empathy but it's the truth, all of your struggles and hardships are irrelevant to the court. The only thing that will matter is assets and income. Typically in Massachusetts 1 vehicle and 1 car are exempt but not always. Massachusetts has decent laws to protect people as far as you need to have a certain amount of assets and or income before a debt collector can garnish wages and even then it's typically only a percentage. Read up on Massachusetts debt laws. Try to find a free lawyer for low income or seniors. If your grandmother's only income is social security they usually can not take anything from her bank unless they are federal loans. You can try to file for disability without social security but you need a doctor to state why you cannot work and how long the problem has lasted and expected to last. They usually deny these and it will not protect your grandmother. You are both equally responsible for these loans as you both signed. I fully understand you didn't know what you were getting yourself into at such a young age because I did the same. I signed all those papers at 17. After you return the summons answer you will likely get a notice of a court date so you should have a little time to find more information and what the best course for you will be. I saw someone mentioned filling bankruptcy which is now possible and would stop the court summons however you must be able to prove you have no income or not enough to live off. The judges are at their own discretion with this and vary wildly on out comes. If it is approved for bankruptcy it still going to be in your grandmother's name. As I said before if she only has minimal income and assets then they probably can't touch anything. Otherwise you can have her file bankruptcy as well but it's very expensive unless you find a free lawyer and she too would have to prove low income to have it go away in bankruptcy. The worst thing that can happen if you have no assets and low income is they garnish a small percentage of income. They have to leave enough for you to live off tho and it sounds like you don't work enough. This is just debt. No bodys going to jail. They will not take your grandmother's home and force her in the street so please don't think it's better to not be here. That's simply not true. 1st Wednesday every month Massachusetts has ask a lawyer free questions. https://www.massbar.org/public/dial-a-lawyer
Also Massachusetts has free legal advice website where you can ask real lawyers up to 3 questions per year. https://mass.freelegalanswers.org/
I wish you the best. I know personally how much this sucks and am struggling with my own private student loans while trying to protect my co sogner so I get it.
Gingerandthesea@reddit
What school is this for? Did you attend a for-profit colleges? This seems very shady on their end so that is why I was asking.
The first things is to stop and breath. You need to slow down so that you can look at the situation. I’m sorry you’re going through this and will have to navigate this. Secondly, head on over to your states attorney general website and read what the consumer protection laws are for when it comes to consumer debt. Since these are private loans and not federal, the laws are different. Know your consumer rights so that you are aware if they are violated.
When did you default? There is debt statute of limitations and this falls under the consumer protection laws so make sure you know what this is.
You should seek legal advice for a lawyer or a legal aid in your area as a starter.
THROWRA_goodtoknow76@reddit (OP)
Curry College
Gingerandthesea@reddit
Do you feel like this college was predatory towards you or misled or lied to you about the school's programs?
tinybutfeisty94@reddit
Even if you file for bankruptcy, you need to respond to the summons. Your state might have free paperwork to help you respond but seriously the most important thing is to respond and then wait for a court date. Otherwise they can try to garnish things. If you respond, court date might not be for a few months and then if you go, their lawyer might not even show which means you win.
AnyAssumption4707@reddit
You need to go to legal aid NOW. Call numerous organizations until there are none left to call. One thing you’ll want to ask is if filing for bankruptcy is an option (you can do it yourself but there are extra steps if you’re going to try to include your student loans in a bankruptcy).
If you miss a court date they can win a judgement by default.
And this is not news you want to hear but unless you are declared disabled by the government, it’s probably pretty unlikely that any judge is going to take that into consideration.
HowHardCanItBe2024@reddit
Like others have said, you can file for bankruptcy and probably get your student loans discharged if everything you’re saying is true, you’ll probably qualify for the hardships exemption. You need to talk to an attorney. Don’t respond to that by yourself. Most offer free consults. Talk to 2 or 3. They’ll tell you what you qualify for. Don’t ignore the summons because then MEFA will win by default and they could garnish your wages.
**I’m not a lawyer. Just going through something similar **
DextersMom1221@reddit
Try reaching out to legal aid in MA and see if you qualify for free assistance.
THROWRA_goodtoknow76@reddit (OP)
I don’t know what statute of limitations are.
Usukidoll@reddit
The statute of limitations is the time it takes for a creditor to sue. Most are 6 years and in four states wages can't be garnished.
Eastern_East_3866@reddit
You can file for ch. 7 bankruptcy and then do an adversary bc you literally have no income and both you and your go-signor have serious medical issues.
vsandrei@reddit
Massachusetts exempts $500,000 of home equity from execution of judgments. Is the house worth more than $500,000? The worst that can happen is that the creditor gets a judgment and records a lien against the house.
Usukidoll@reddit
When did you default on these loans? If the default year was 2017 then it already passed the 6 year statute of limitations and they can't sue on old debt.
If not, then it's either the beginning, middle, or the end of the statute of limitations.
THROWRA_goodtoknow76@reddit (OP)
I don’t know how to tell when I went into default? I just looked over all the papers again and I still didn’t see that mentioned
Usukidoll@reddit
When did you stop paying for these loans?
THROWRA_goodtoknow76@reddit (OP)
I made a payment last in 2023.
Usukidoll@reddit
That's recent... :/
Who was your lender and where did you take these loans out?
stevejohnson007@reddit
Post this to r/legaladvice
A summons is a legal document that requires a person to appear in court or at a specific time and place for a specific purpose.
This does not appear to be a Summons but something else.
Littlemissscientist2@reddit
This is not right. You attach a Summons to a Complaint initiating a litigation too.
stevejohnson007@reddit
I think you are correct.
https://en.wikipedia.org/wiki/Summons
I still think r/legaladvice is a good place to sort it out.
THROWRA_goodtoknow76@reddit (OP)
I don’t know it says “summons” on the paper.
stevejohnson007@reddit
I am thinking you are going to need an attorney, but post it to r/legaladvice and they will at least be able to sort out what it is.
rlvysxby@reddit
I cannot advise you but I do know private loan sharks will try very shady things to harass and manipulate you. So make sure these documents are legit.
Insipidus7@reddit
What college? And have you not been paying on the loans, or acknowledging that they’re yours? If no to both of those, then you might be meeting the SoL (Statute of Limitations). I think the statute of limitations for MASS is 6 years, which you’d be good for if you haven’t paid on or acknowledged the private loans since 2017, if you defaulted then. I would research more to verify the SoL for MASS.
Check out the Debt Collective. They have a lot of good info on their website.
ALoanNoMore also has some helpful info on their website.
Consider reaching out to the Project on Predatory Student Lending as well.
Finally, consider consulting with a local private loan lawyer. Some provide free consults and might be able to provide some guidance.
Good luck.