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datajana · Jan 22, 2007, 12:47 PM

I was diagnosed with epilepsy in 1998. The people I secured my student loan from (MS state department of education) were notified of this and still let me continue to receive me loan.

I went and got my degree and graduated in 2003. My part of the agreement was to secure a job and teach for three years so the debt would be "paid off".

I owe them over $23,000.

Well, in 2004, while I was still trying to find a job, my epilepsy worsened. My seizures became uncontrollable. I had to stop driving. Now, I cannot cook or shower when I am by myself. I injure myself on a regular basis, falling on my face, falling down the stairs, pulling muscles all over my body, scrapes, bruises, cuts, etc.

I am trying to get disability and notified the department of ed about this. However, the process is a long and trying one, and I'm afraid of the department of ed getting impatient with me.

I read in the contract I signed that if I am unable to pay the money back, I would owe it all back to them if I could not find a job. They would even take me to court over this.

What would happen to me? Would the judge sentence me to prison? Would I have to do anything drastic like be forced to do hard labor, even though I can't even raise my left arm over my head because of dislocating it from falling down the stairs last year because of a seizure?

I'm afraid of what will happen to me.

Please, someone, answer my question if you can.

Thank you.

shygrneyzs · Jan 22, 2007, 01:13 PM

I have not heard of a person being taken to prison over the default of a student loan. Ask for deferment due to medical health and make sure your doctor and specialists give you something in writing that will verify the need for the deferment. Wages and tax returns can be garnished for non payment. Yes, they can take you to court, but since you cannot work and you are trying to get disability, who would send you to prison over that?

Someone who might be able to help you is one of your Congressmen - be it a Senator or Representative. Call or write them and ask for their assistance.

Good luck.

ScottGem · Jan 22, 2007, 01:41 PM

Debtors prison was abolished in the 19th century. So you will not go to jail. The most that will happen is they will sue and get a judgement against you. This will allow them to attach your salary or any cash assets. But I'm assuming you have neither.

datajana · Jan 22, 2007, 01:45 PM

Originally Posted by ScottGem

Debtors prison was abolished in the 19th century. So you will not go to jail. The most that will happen is they will sue and get a judgement against you. This will allow them to attach your salary or any cash assets. But I'm assuming you have neither.

Thank you for the information about there being no chance at all of me going to prison. I was VERY scared about that.

And your assumption was correct. I have no assests to speak of. Only the clothes on my back, my family, and my fiancé.

datajana · Jan 22, 2007, 01:51 PM

I contacted a Senator about a year ago. He said I needed a letter from my neurologist.

But, my neurologist is hesitant to write it for me at this time. He only thinks that I'm disabled at the present time, even though I'm injuring myself on a regular basis. Sometimes I can't even walk to the bathroom with crying in pain and nearly passing out.

shygrneyzs · Jan 22, 2007, 01:54 PM

You know what they say about second opinions? You might need one, as far as the neurologist is concerned. If you are disabled today, chances are you will be disabled tomorrow. That is not to say that in a year or two years, you will be in better health. But you need help today. Hope you do not fall through the cracks. Best of all to you.

kl1976 · Mar 15, 2012, 05:03 AM

Yea I am being sued for a private loan and I was wondering what would happen in a student loan judgement hearing at the time of the loan I was drawing disability at that time and lost it in 2009 so I am barley making it by now working on piece rate at my job and I was worried that I would go to jail I put it down on my promissary note at that time as well my current job at that time which I ma no longer at and it did not show up on th epromissary note and I was worried that I could go to jail over this but since everyis telling me that I can not I have everyintetion of paying it as soon I can get my disability back I have been fighting for it since 2009 to get it back or reinstated because I hsve had it in the past and I do have mentakl disability I had drew since 1995 to 2009 and then lost so all I have now is my income from a shelterd workshop

samdarwen · Mar 15, 2012, 05:21 AM

I am sorry for your illness and hope you will get better; however; the reason that got my attention was the jail thing and that is why I am writing you...
No matter if you were sick or not, working on not, willing or not... No one can put you in jail over loans and surely not for student loans... Each of those loans is secured by insurance and uncle Sam, so relax and do not worry about such a thing.. Now what they can do and it is not much; if you start making money, they will start getting money from your tax return and that is the only way they will get any money unless you are so kind and decided somehow to pay them, but that's it

Sam