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  1. #1
    Join Date
    Dec 2014
    Posts
    1

    Default Sallie Mae Harassment After Student Loan Default

    My question involves collection proceedings in the State of: NH

    Some of my wife's student loans have come due recently. With a baby on the way and other financial issues we are not in a good position to pay at at this moment. Well Sallie Mae collections department has started calling leaving messages on the dates bellow. My question would be does this tactic by Sallie Mae constitute as harassment? I know NH has state laws that protect consumers from first party creditors but how far can they go before it's harassment?

    All dates are December: 6th, 8th, 10th, 11th, 12th, 13th, 16th, 18th, 19th, 20th, 28th

    Must have been on a Christmas break between the 21st & 27th. I suspect it will pick up again this week.
    These are just the messages and not taking into account calls that don't leave a message.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Sallie Mae Harassment in New Hampshire

    Quote Quoting kdemers34
    View Post
    My question would be does this tactic by Sallie Mae constitute as harassment? I know NH has state laws that protect consumers from first party creditors but how far can they go before it's harassment?
    It appears that the statute is weak and the debt collector can go very far in dunning for a debt.

    The statute (among other things) prohibits:

    "causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously or at unusual times or at times known to be inconvenient with the intent to abuse, oppress or harass any person at the called number"

    Note the emphasized phrase.

    If you were to litigate based on that prohibition the burden would be on you to show not just that they called a lot but that they called a lot with the intent to abuse, oppress or harass you. That part is a tall order.

    Worse than that is the remedies section.

    The debt collector pretty much gets a slap on the wrist.

    Read the whole statute at:

    http://www.gencourt.state.nh.us/rsa/...XXXI-358-C.htm

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Sallie Mae Harassment in New Hampshire

    I suggest you at least try to make an arrangement to pay the interest.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Sallie Mae Harassment After Student Loan Default

    They can keep leaving you messages until you respond to them. This isn't even illegal behavior for a third part collector.

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