Unfortunately student loans can be difficult to resolve due to legal protection for the student loan. Student loans are difficult to discharge in bankruptcy, and can be difficult to refinance. You do have a right to refinance if someone will deal with you. If you are in default, they can garnish your wages or seek a judgment and execute against that judgment. In some cases, they don't even have to go to court to seek reimbursement (unlike other creditors). Often you can seek a repayment plan, or deferment/forbearance from the company. You are entitled to a total amount owed. If you cannot obtain this from the company, you should hire an attorney to assist you.
If a third party collector is attempting to collect the debt, they are subject to the Fair Debt Collection Act. A discussion of this act is on my website www.robertpetersonlaw.com . I also have a discussion of student loans in my bankruptcy section.
Answered on Sep 25th, 2011 at 2:13 PM