Hiring a Lawyer for Student Loan Forgiveness
If you’re struggling with a student loan problem like loan forgiveness or repayment challenges, and you’re getting nowhere on your own, it could be time to consider legal assistance.
A lawyer with expertise in student loan-related legal issues may be able to help you get the answers and action you need to resolve your situation.
Hiring an attorney may not make sense in some situations. And if you’re wondering, how much does a student loan lawyer cost?, there’s the expense to consider. But if you’re tired of spending time and energy on a problem that seems unsolvable, read on to find out how a student loan lawyer may be able to help.
Key Points
• If you are struggling with a complex student loan issue, a student loan lawyer may be able to provide answers to help resolve the situation.
• Student loan attorneys can help with such issues as loan forgiveness, forbearance and deferment, loan default, and loan servicer errors.
• Costs for student loan legal representation may range from $1,000 to $10,000 or more.
• Free consultations are available to assess a lawyer’s fit for your case.
• Lower-cost alternatives to hiring a student loan lawyer include legal clinics, online resources, and credit counseling.
When Should I Seek Legal Advice for Student Loans?
A student loan attorney can explain complex rules so you can understand your rights and responsibilities as a borrower, whether you have federal or private student loans. If your situation requires it, they can also advocate for you with your loan servicer or lender, the U.S. Department of Education (DOE), or even go to court with you.
Here are some issues a lawyer might be able to help with:
Public Service Loan Forgiveness (PSLF)
Public Service Loan Forgiveness is a program to help those working in public service for the government and nonprofit organizations achieve forgiveness for their federal student loans. But there are many stipulations to meet, which may trip up those trying to apply as well as borrowers already in the program.
An experienced student loan lawyer can help ensure your compliance with the requirements of the often-confusing PSLF and other student loan forgiveness programs, and assist you in avoiding potential missteps. This might include reviewing your records for errors, helping correct mistakes, and following up on missing documentation such as employment certifications. Not all PSLF issues are fixable, but if you feel as though your application was unjustly denied, for example, you might decide to hire a student loan lawyer to help rectify the problem.
Total and Permanent Disability (TPD) Discharge
If you received a TPD discharge, you don’t have to repay your federal student loans or complete a Teacher Education Assistance for College and Higher Education (TEACH) Grantservice obligation, if you have one. But you’ll need to provide proof that your physical or mental disability severely limits your ability to work, both now and in the future.
A student loan lawyer can help you prepare your TPD discharge application and assemble the appropriate documentation to meet all the criteria. If your application is denied, an attorney can help if you choose to appeal.
Loan Servicer Errors
A lawyer may be able to pinpoint a loan servicer’s mistake — such as a payment that wasn’t properly applied to your account — that’s keeping you from getting student loan relief. A student loan attorney could also serve as your representative to get the error fixed.
Forbearance and Deferment Decisions
An attorney can help you determine if you qualify for federal student loan forbearance or deferment, assist with your application and documentation, and dispute a denial if you feel it’s incorrect.
If you don’t qualify for forbearance or deferment, but you can’t manage your current loan payments, an experienced student loan lawyer can help evaluate various options for lowering your monthly amount. You may be eligible for an income-driven repayment (IDR) plan that bases your monthly federal loan payments on your discretionary income and family size, for example.
Another option is to refinance student loans. With refinancing, you replace your current private or federal loans with a new loan from a private lender. Ideally, the new loan will have a lower interest rate and more favorable terms, which could lower your payments. Keep in mind, though, that if you refinance federal loans with a private lender, you’ll forfeit federal benefits like forgiveness and IDR.
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Collections and Garnishment Mitigation
A lawyer can offer negotiation assistance if your student loan is in default, meaning you’ve missed a series of payments on it, and the loan is being sent to collections. An attorney could also be helpful if you’re facing wage garnishment or some other legal action as the result of unpaid student loans. Options an attorney might suggest for you to consider include loan consolidation or rehabilitation.
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How Can I Find a Student Loan Lawyer?
If and when you decide it’s time to consult with a student loan lawyer, it’s important to find someone with the appropriate expertise and credentials to deal with your particular issue.
Ways to search for a student loan attorney include:
• Contacting state and local bar associations for referrals to lawyers in your area.
• Asking friends, colleagues, and family members for referrals. Or, if you’ve worked with an attorney with a different specialty in the past, he or she may be able to suggest someone.
• Using an online database. The National Association of Consumer Advocates (NACA) website allows users to do a free attorney search based on practice specialty and location. Websites like Nolo and Avvo also offer attorney databases to consumers who need legal help.
Many lawyers offer a free consultation, so you can use that as an opportunity to make sure you’ve found the right fit. This is a good time to ask specific questions about the attorney’s credentials, costs, how and how often you should plan to communicate about your case, and what outcome you might expect based on similar cases. You can also ask if the person you meet with will be representing you personally, or if someone else might be assigned to your case. Finally, be sure to ask the attorney for references.
When you’re scheduling your first appointment, it’s a good idea to inquire about what documents and other information you should bring with you. Having this information organized and ready to go could help speed up the process and possibly lower your costs.
How Much Does a Student Loan Lawyer Cost?
The amount you pay for a student loan attorney can vary depending on several factors. Some lawyers bill by the hour, while others may charge a preset fee based on the complexity of your case and the services required. Where you live and the lawyer’s level of expertise might also affect your costs. Generally speaking, your bill could range from $1,000 to $10,000 or more.
Once you have an idea of what the overall cost will be, you can determine if it makes more sense to get legal help or continue pursuing a solution on your own. Ask yourself: Could hiring an attorney save you money in the long run? Would handing the reins to someone with more experience, contacts, and knowledge allow you to move on to other goals? Or would taking on more debt upfront to pay a lawyer lead to even more financial and emotional stress?
When you’re researching and interviewing student loan lawyers, keep your budget in mind and be clear about your concerns. Some attorneys may offer a payment plan, or they might be able to refer you to other, less expensive options that can provide help.
Other Ways to Get Student Loan Help
If you need help with student loan debt, but you don’t have the money to pay a student loan lawyer, here are some more affordable options to consider:
• Legal clinics: You may be able to find free or low-cost legal help through a local organization or nearby law school program. You can find a list of legal aid resources at USA.gov.
• Guidance online: Borrowers can get free virtual student loan help from the American Bar Association Free Legal Answers or from the Institute of Student Loan Advisors.
• Credit counseling: If you’re feeling overwhelmed by your student debt, a debt counseling organization, such as the National Foundation for Credit Counseling (NFCC), might be able to help you work with your lender or loan servicer to create a repayment plan. The NFCC’s services aren’t free, but they may be more affordable than hiring a lawyer.
• Ombudsman assistance: If you submitted a complaint about a federal student loan and believe the response was wrong or incomplete, you can contact the Federal Student Aid Ombudsman Group. If you have an unsolved dispute with a private loan lender, the Consumer Financial Protection Bureau (CFPB) may be able to help.
The Takeaway
Researching and pursuing student loan forgiveness, relief, and repayment options can be confusing and frustrating. If you feel as though you’ve hit a brick wall with your efforts to clear up a student loan issue, you may find it makes sense to hire a student loan attorney to evaluate your problem and help seek a solution.
It’s important to weigh the benefits vs. the costs of getting professional help. An experienced lawyer who specializes in student loan debt may be able to provide options you didn’t know about. And that assistance might help you get back on track with your federal or private student loans. But if you can’t afford a student loan lawyer, or decide that legal help doesn’t make sense for you, there are other ways to help manage your payments, including income-driven plans, credit counseling, and student loan refinancing.
The important thing to keep in mind is that you have options.
Looking to lower your monthly student loan payment? Refinancing may be one way to do it — by extending your loan term, getting a lower interest rate than what you currently have, or both. (Please note that refinancing federal loans makes them ineligible for federal forgiveness and protections. Also, lengthening your loan term may mean paying more in interest over the life of the loan.) SoFi student loan refinancing offers flexible terms that fit your budget.
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SoFi Student Loan Refinance
Terms and conditions apply. SoFi Refinance Student Loans are private loans. When you refinance federal loans with a SoFi loan, YOU FOREFEIT YOUR EILIGIBILITY FOR ALL FEDERAL LOAN BENEFITS, including all flexible federal repayment and forgiveness options that are or may become available to federal student loan borrowers including, but not limited to: Public Service Loan Forgiveness (PSLF), Income-Based Repayment, Income-Contingent Repayment, extended repayment plans, PAYE or SAVE. Lowest rates reserved for the most creditworthy borrowers. Learn more at SoFi.com/eligibility. SoFi Refinance Student Loans are originated by SoFi Bank, N.A. Member FDIC. NMLS #696891 (www.nmlsconsumeraccess.org).
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