Disabled, Broke, and being Sued, What’s likely to happen?
Posted by caniscommenter@reddit | studentloandefaulters | View on Reddit | 12 comments
so I just received an ad from a lawyer which says I have been sued by Southwood Financial for my previous sallie mae loan which is at 13k usd. I’m chronically ill and can’t work and in the middle of an SSI (not ssdi) appeal (the hearing is in a few weeks actually). i don’t have any assets or anything- I defaulted probably 3-4 years ago which is still in the statute of limitations for ny. my only income currently is $180/mo from public assistance.
What would a path forward look like? of course im going to try to get a lawyer (i have one for my ssi case thru legal aid society) but its 11pm and im stressed out and would like some insight. ty.
Super_Sloth_17@reddit
Go to court and speak to the judge. Let them know that you’re in the process of filing for disability. Also, permanent disability is one of the very few reasons they dismiss student loans. It is a private loan so I’m not sure if it works the exact same but it should.
Usukidoll@reddit
Why are they suing? It's a big waste of time and resources for them.
I say let them do it and learn the hard way since you don't have much. You're judgement proof.
caniscommenter@reddit (OP)
besides the ad from the law firm I don’t have any evidence I have actually been sued, i suppose, but i’ll figure that out tomorrow.
morbie5@reddit
Did they say that they are actually going to sue or just that they might sue?
caniscommenter@reddit (OP)
i have confirmed there is a suit against me filed on march 10th
morbie5@reddit
Do you have a court date yet?
caniscommenter@reddit (OP)
no
morbie5@reddit
Well make sure you go to your court date and explain your situation. You might get a judgement against you but your lender might not even try to collect if they know you have nothing
morbie5@reddit
They could potentially go for a bank levy, although it seems like the wouldn't get much
CautiousLychee4020@reddit
I don’t have an answer for you, I’m just here to send blessings and good wishes. May you find a peaceful and just way out of this situation. You deserve it.
caniscommenter@reddit (OP)
thank you. after doing some cursory research i believe i would have a pretty simple case for undue hardship for student loan debt discharge under chapter 7 bankruptcy.
Hanesman12@reddit
Most likely. Give your very limited income and the fact it's a measly £13k they wanna sue over, I wouldn't stress too much. Absolute waste of time and resources with someone in your position.