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     | Wednesday, December 22, 1999 - 06:57 am  Someone please enlighten me: I've had a Student Loan out there for years. I went into the United States Navy on the 1st of August, 1990. The loan was placed in Default on or about March of 1991, after I had already been in 7 months. I served during the Gulf War (didn't go - I was in school) and was under the impression that due to the Soldiers and Sailors Civil Relief Act, that I could not have the loan in a default status in the first place, and that I could not be charged more than 6% simple interest. Requests for review by the Department of Education, and notices of this to collection agiencies have fell on deaf ears for years and years now. I have consistantly refused to discuss re-payment until such time as the account is reaged at 6%, and the loan is taken out of Default status. How can I get them to take me seriously, and do what is right? Help!
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| | Wednesday, December 22, 1999 - 07:57 am Have you looked over http://www.grandforks.af.mil/sites/legal/handouts/sscra.htm
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| | Friday, December 24, 1999 - 10:44 am Yes, but it's not very informative. It doesn't have the actual act for instance.
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| | Friday, December 24, 1999 - 11:19 am It did suggest visiting the legal department of a military base. I also did call the Veteran's Administration but they didn't know anything. You can search the entire United States code at this link http://www4.law.cornell.edu/uscode/
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| | Friday, December 24, 1999 - 03:29 pm Since I am now out of the service, consultation with the base legal department is not an option. I need to find an ex-military lawyer, or a civilian lawyer with experience with military law, or someone else who's dealt with it before, I think... I could be wrong.
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| | Saturday, December 25, 1999 - 07:19 pm Spock, contact the DOE and ask for copies of your prommissary notes, they keep them in Texas. Then make payment arrangements the best you can. The DOE will file a tax lien, and report that tax lien on your credit report. Then the DOE will attach your income tax refund until it's paid off.Even in Bankruptcy, student loans are only dischargeable under extreme hardship cases.
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| | Monday, December 27, 1999 - 03:05 pm Gary, What about the fact that the loans were placed in default status ILLEGALLY? I was serving my country during time of war - which is what that act was written for. Yes, I do intend to repay the one loan outstanding (the other was cleared up via my tax returns.)
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| | Monday, December 27, 1999 - 11:15 pm Spock, the best person I have ever dealt with at the U.S. Department of Education, was Linda Martin, Litigation Unit, Research and Support Branch,50 United Nations Plaza, San Francisco, Ca., 94102. I'm not familiar with the "Act", but I would write Linda and request an agreement to make payments at the 6% rate as you say. Let me know how it turns out.
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| | Tuesday, December 28, 1999 - 12:45 am Thanks.
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| | Tuesday, December 28, 1999 - 07:02 am The Sailors and Soldiers Relief Act comes into play when you are in combat, or sent away somewhere.
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| | Tuesday, December 28, 1999 - 03:14 pm I was, when the loan was placed in default.
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| | Sunday, January 23, 2000 - 10:50 am I was a financial counselor for the U.S. Air Force and had many persons attempt to use the SSCRA to get student loan interest dropped to 6%. I was not successful in dealing with the DOE. It was the legal opinion of their attorneys that the Higher education act predated the SSCRA of 1947, as amended. I found this hard to believe, but our base legal department researched and the conclusion was that we could not get these loans reduced from their 8-9% down to 6%. However, I was very successful in getting many young airmens car loans reduced down to 6% or a little higher. I remember one case where the person had an auto loan of 28.8% with an industrial thrift in Tennessee and I was able to get down to 8.9%, but it was a struggle. KEN
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