Representation of Borrowers and Co-Signers (Private Student Loans)
The Law Office of Lisa J. Espada represents clients who have been sued for collection of private student loans, whether the lawsuit is filed by the original creditor or a purchaser of the loan. The co-signer of a promissory note can be held liable for the loan if the student borrower does not make the payments when they become due. The lender does not have to exhaust its remedies against the student before attempting to collect from the co-signer. If you are a borrower or co-signer of a student loan promissory note and have been sued, you need to act quickly to avoid a default judgment. Representation by an experienced collection defense attorney is essential to getting the best result.
The firm has represented clients sued by the following companies in relation to a private student loan:
National Collegiate Student Loan Trust
Jefferson Capital Systems, LLC
Brazos Higher Education Service Corp., Inc.
United Guaranty Credit Insurance Company
United Guaranty Corporation dba United Guaranty Commercial Insurance Co. of North Carolina
Citizens Bank, N.A.
Accesslex Institute dba Access Group
Student Loan Solutions, LLC
LCS Capital, LLC
To request a free consultation regarding a student loan collection lawsuit, click here.
Advice for Borrowers (Federal and Private Loans)
For borrowers who have defaulted or have questions about their student loans, the firm offers student loan consultations, which are typically done by phone in under an hour.
Here are the issues that can be discussed in a student loan consultation:
- If you have federal loans (Direct, Stafford, Perkins, Plus) but don’t have your original paperwork, how to determine the type and status of each loan
- Income-based repayment options available based on the type of loan, the date the loan was disbursed, and the status of the loan
- Whether cancellation or discharge of the debt is available under a federal program (such as: total and permanent disability, closed school, false certification); how to apply for a discharge under one of these programs
- If you have defaulted on federal loans: how to get out of default
- If you have private loans: analysis of the terms of the loan; the possibility of resolution through refinancing or settlement; contractual defenses to a collection lawsuit
- If you have defaulted on either federal or private loans and are being contacted by debt collectors (not the government or the original loan servicer): your rights under the Fair Debt Collection Practices Act; possible claims against debt collectors who have committed violations of the Act
- The likelihood of discharging all or a portion of your student loan debt in bankruptcy; the process of filing bankruptcy and an adversary action; the estimated cost to attempt to obtain a bankruptcy discharge through an adversary action
Consultation Fees
Fees are charged for a student loan consultation that relates to federal student loans, or where advice is being sought about a private student loan that has not yet resulted in a notice from an attorney, or notice that a lawsuit has been filed.
Most student loan consultations can be done in 45 minutes. 60 minutes is recommended for clients who want to focus on the possibility of a bankruptcy discharge. The following fees apply to student loan consultations only.
45 minutes: $200.00
60 minutes: $250.00
The consultation fee is payable in advance through Zelle, PayPal or personal check.
To request an appointment, click here.
