If Navient decides to sue you, can you then ask for a settlement offer that they previously offered or try to settle or are they like "nope, too late" ?
Posted by AReckoningIsAComing@reddit | studentloandefaulters | View on Reddit | 20 comments
So I defaulted back in January intentionally as part of my strategic default plan (about 160k in private loans through them - original principal was only 60k, but gotta love that compounding interest over the last like 19 years).
Anyway, they started out with a 70% settlement offer back in the fall, then I just got a 55% offer this past week. I def don't have enough saved up to pay that, I was hoping to wait until I get an offer around 30%, then I'd prob try to scrape together what I can and maybe take out a personal loan or something.
I'm about 11 months into my SOL and my state has a 4 year SOL (also, my state prevents them being able to garnish wages).
I previously probably would have jumped at the 55% offer, but I really wanted to get it down to at least 30%.
My only worry is that if they move forward with suing me down the line, is all hope of a settlement gone at that point and then you're just fucked? Or can you call them and be like "lets avoid a lawsuit and I'll take that previous offer you offered" and they will take it? Or are the like "haha, nope, too bad, too late, etc" and they proceed with the court case?
Anyone have any experience with that?
Thanks.
Infamous_Code_4078@reddit
When did they start offering settlement options after u defaulted? I have 100,000 I owe Navient and have thought of defaulting but for my state they are able to garnish wages so it’s been one of the reasons I haven’t
AReckoningIsAComing@reddit (OP)
I got an offer for 70% maybe 4 months after my first missed payment, so I hadn't even defaulted yet. Second offer of 55% came in maybe 3 months after default. Yeah, I feel very lucky to live in a state where they can't garnish wages, sorry you don't.
Infamous_Code_4078@reddit
Yeah u are lucky for sure, when they do offer that does that mean they want the full payment or your willing to make payments until the settlement is paid off?
AReckoningIsAComing@reddit (OP)
I think they usually require full payment up front. I think I've heard of a few people where they got like 6 months to pay it off, but not more than that. I think I'm gonna try to wait out the SOL.
morbie5@reddit
If wage garnishment is off the table why are you even considering settling right now? Do you have a cosigner
AReckoningIsAComing@reddit (OP)
I don't, it's only under my name. Even though they can't garnish wages in PA, can't they still go after your bank account?
morbie5@reddit
Yes but they still have to make a cost benefit calculation as to if to sue and go for bank levies etc. Not being able to garnish and not having a cosigner really helps you.
How much do you think you have paid them over the years btw?
AReckoningIsAComing@reddit (OP)
Good to know, thanks. I estimate I've prob paid them close to my actual principal amount over the years, but that's a very rough estimate.
morbie5@reddit
I'd play hardball then, maybe try to settle for like 20%, maybe even less. Throw out 10% as an offer and maybe go up to 20%
AReckoningIsAComing@reddit (OP)
I think I'm gonna try to wait out the 4 year SOL instead.
morbie5@reddit
That isn't what I would do but good luck to you then
AReckoningIsAComing@reddit (OP)
Thanks. It's mainly b/c I want to avoid the big tax I would have to pay on the forgiven amount. And I wouldn't really be able to claim insolvency, b/c I have a lot in my retirement account.
porygon766@reddit
I’m about to default with Sallie Mae and it makes me feel like a criminal
Impressive_Brain5734@reddit
Fuckkk em. Our gov't are criminals pls!
AReckoningIsAComing@reddit (OP)
Seriously, just do it, fuck them and their scammy/scummy ways.
Impressive_Brain5734@reddit
Yes if you work with an attorney they'll fight on your behalf
magicandfire@reddit
You can still offer to settle even after they file a suit against you. Lenders will usually prefer to settle out of court because suing you is going to cost time and money and even then there's no guarantee they'll get anything out of you, especially if they can't garnish in your state.
morbie5@reddit
You are correct but there is no way to guarantee that it will be as good an offer
AReckoningIsAComing@reddit (OP)
That's what I'm worried about...I don't wanna miss out on a great offer, which is prob why I would consider accepting a 30% offer, but would hope for 25%.
AReckoningIsAComing@reddit (OP)
OK, thanks, that makes me feel a little better. Do you know if they'll usually agree to the previous offer?