So... I have a question, do collectors that deal with student loans have to follow FDCPA?

Seems the one hounding me does not think so... seems they have trouble reading, I have asked them not to call the phone number they believe they have or me (my mom and i switched numbers along time ago). I have asked them verbally and in writting, yet in goes ignored.
Work phone can be verbal...however home phone restriction must be in writing. Is it the same agency calling?? Was it the DOE calling??? FDCPA doesnt apply to them...they would be first party. Frequently accounts get shuffled to different CA's and the accounts go bare....any previous restrictions are gone.

So unless the collector can hide behind some other (were the government, it does not apply to us) BS they are no different than any other collector, with than i mind, i am thinking of some way to file against them it civil court... one for saying they are someone who they really are not (govenrment, actually they are owed by JP Morgan), and two for harrassment (phone calls). I have a lot of lawyer friends and they tell me i have to prove damages. I knew of this one site where ppl would make collectors follow FDCPA, and when they didn't they would nail them in civil court...too bad i forgot the name... art of something. com/net?

You will get $1000 if you can prove it.

These people are complete pricks, the one and only time i ever talked to thm over the phone, they wanted me to come up with 1500.00 right then
Well, your account becomes due in full at default.


and me to give them access to my checking account so they could draft payments. Making the mistake of not sendng my mail certified I have already lost some bit of money, they claim they never recieved it (BS),
who lost it?? Was it a check? Money order?? Both can be traced, although MO within 2 years. So unless you sent them an envelope of cash, how would you be out any money???
so why the hell would i let you have my checking acct number... fat chance. So they said i refused payment, no, i just don't have $1500 laying around, i was going to consolodate cannot do that either, wife has to get involved, and this is not her doing. Home loan... yeah right.
So i wrote these people a letter and told them the circumstances and what i could do and how much i could afford, so i am paying... but now thy want to garnish, and now i want to make them follow FDCPA... only fair.

Well you need to read this forum....carefully. Student loans do not negotiate by mail. You have a promissory note which they will not violate by putting a payment plan in writing. It is policy. So by ceasing them, you invited garnishment to procede. Arguing FDCPA right now is not going to stop a garnishment if the wheels have already started to turn.

Thanks

so what the hell is one supposed to do? crap the money they want? if i am sending healthy payments, why garnish too? See that's what I don't understand, why garnish me when i am paying you?

Do you have an approved payment plan??? Probably not. Without an approved payment plan, they can garnish. Getting a payment plan requires complete financial disclosure, including you wifes income and expenses.

No arguing FDCPA will not stop anything, but it will be just a slight thorn. And yes, at this time i can prove it without a doubt.

Do you have a CMRRR receipt for written correspondance? Without it you would have no proof.

In order to have them stop calling you, all phone numbers are to be written and verbal, i have done both.

so what the hell is one supposed to do? crap the money they want? if i am sending healthy payments, why garnish too? See that's what I don't understand, why garnish me when i am paying you?

Are you actually making payments? How much do you owe and how much are you paying a month? How many consecutive monthly payments have you actually made?

No arguing FDCPA will not stop anything, but it will be just a slight thorn. And yes, at this time i can prove it without a doubt.

Then sue them. Don't threaten to do it, don't even mention it with them- just do it. They'll take you seriously once they're served, and not before IMO.

In order to have them stop calling you, all phone numbers are to be written and verbal, i have done both.

I went back over and read your first post. What is stopping you from consolidating??? The only thing that is required of your wife is permission to verify income via the IRS. She does not otherwise get involved per se. The debt is still yours and with a default, your payment will automatically be set on Income Contingent Repayment, based on household income.

hmm, well i am so screwed on the amount of time i have for one... doesn't it take three months or so to consolidate? It can. The holder of your loans may not want to release them once the loan is subject to garnishment- that's up to them. You need to enter a repayment agreement now to stop that from happening i guess since i got this letter for garnishment today i have thirty days. my wife is scared as hell and i feel it is my issue, and i need to take care of it myself... Call them ASAP and make a rehab agreement.
needless to say i did a BK and i assumed that the sl was included... so i forgot about it and moved, now i know, don't trust anyone...

If you got an undue hardship discharge you'd know it. Student loans, taxes, and child support are not as easily discharged as other debts. You have to prove undue hardship in an advisory proceeding for student loans- some people go to federal court over it, and, honestly, they often lose. Most good BK lawyers will tell you right up front that student loans will probably not be discharged.