Asked in Bankruptcy for Florida

Q: My student loan has been charged off due to delinquency (although I thought my loan was suspended through the pandemic).

Before charging off my loan do the loan provider have to give me notice via email / letter?

They often called me out of hours (something discover has been fined for in the past). What recourse do i have?

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1 Lawyer Answer
W. J. Winterstein Jr.
W. J. Winterstein Jr.
  • Bankruptcy Lawyer
  • Boyertown, PA

A: A lender's "charge-off" of a loan debt does not affect your legal obligation to repay; the charge-off is an internal accounting/regulatory-driven function that adjusts (reduces) the lender's capital structure and lending authority. I am aware of no legal requirement that you, individually, are legally entitled to notice of the way in which the lender classifies your loan balance.

Your lender is most likely subject to the package of federal and state laws regulating creditor collection practices. You should certainly consult a lawyer authorized to practice in Florida about what claims, if any, you may have. Keep in mind that the first issue will be that you must have proof of your claims about any lender practices, such as recorded telephone calls, with time of day shown, and the frequency of calls. Again, consult a Florida lawyer to ascertain what sorts of proof will be required to substantiate your claims of the lender's violation of any applicable laws.

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