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Can I sue Hesaa?


Rookdpo1
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Hesaa received my loan from sallie mae in june of 2010. On August 2, 2010 HESAA sent me a notice that if I did not pay that I would be entering default and start garnishing my wages, on dec 10, 2010 wage garnishment began. Since then I began making regular monthly payments plus the garnishment to bring myself out of default, through there rehabilitation program. Over a year later now the garnishments have stopped but they still took my refund. Knowing this shouldn’t of happened I called them and they told me that there was nothing they could do about it. After calling back several times I spoke to a gentleman there who said he would break down my loan information for me. There he noticed that I made a payment Aug 2, 2010 and he said he was going to reimburse me for my refund…. This only leads me to believe they never had the right to garnish my wages or put me into default which caused severe financial hardship. Can someone help me do I have a case?

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The first thing I would try is request a payment history so that you can verify all the payments for yourself. Usually when a lender (Sallie Mae) sells a loan to a guarantor (HESAA) it is because the loan has already defaulted. The only other way that would have happened is if you permitted a consolidation of some kind. In any event, if the loan was in fact in default at the time it went to HESAA then you are subject to garnishments, tax offsets, and the like as consequences of default of a government student loan.

If, however, the loan was in fact not in default when Sallie Mae sold it, then you need to look at a couple of things .. Find out your exact default date. If you can verify your default date you would be able to see if in fact the payment on 8/2/10 would have prevented the default. If it would have then yes, you probably would have a case. Make sure you request a copy of your promissory note along with your payment history. Review the promissory note's rules of default, then compare those parameters with your payment history. If you can prove you should never have gone into default, then you certainly could win in court.

Hope this helps.

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Sallie Mae does not "sell" the loan per se...they file a default claim with the guarantor. When HESAA first called you, you were already in default, not going into default! Ok...you made a payment Aug 2010...did you continue to make payments until the garnishment started? Did you respond to the 30 day garnishment notice objecting to to the garnishment and request a hearing? Was your loan ever rehabbed?

There is too much information missing.

Bottom line....if your loan is in default, they have every right to offset your taxes.

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