Smarter Than You asked:


I earned a Bachelors of Science in Computer Science on May 5, 2006.. three years ago. all of my student loans are currently in default, because nobody is hiring. can i get student loans/financial aid to go to some type of graduate school even though my current loans are in default? if i do, will that keep collectors from garnishing my wages?

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A vast majority of people take out student loans to pay for higher education. The Supreme Court has decided to make social security benefits a means of repaying them.

No Benefits For You!

While millions borrow money to attend college and graduate school, not everyone pays this money back. The failure to pay can result from circumstances such as a slow job market, failure to finish school and health problems. Of course, there are the select few who simply welch on the repayments. The U.S. Supreme Court rendered a decision on December 7, 2005, impacting people who are behind in paying their loans.

In Lockhart v. United States, the Supreme Court was asked to rule on whether the federal government could seize social security benefits to cover outstanding student loans. The case involved James Lockhart, a disable man, who sued to stop the government from cutting his monthly $874 check. Lockhart suffers from heart disease, diabetes and other health problems and lives in public housing in Seattle. He argued the forfeiture of part of his check made it impossible for him to continue to buy his medication and food. The Justices disagreed with Lockhart.

Under federal law, efforts to collect defaulted student loans had a 10 year limit. Put another way, the federal government was barred from hunting down delinquent payers after ten years. In the past few years, however, Congress did away with this limitation, which brought forth a conflict of law. The Social Security Act contains language protecting benefits from being seized as part of debt actions. In this case, the Supreme Court ruled that such protections only apply to private individuals, not the federal government. In short, social security benefits are no longer safe.

Currently, the total balance on outstanding student loans is roughly $30 billion. Of this amount, roughly seven billion are delinquent or defaulted loans. With 25 percent of loans in the red, one can see why the government has an interest in collecting the debt.

Personally, I don’t have any problem with this ruling. If you borrow money to go to school, you should pay it back. Failing to do so could deprive others of the same opportunity.

By: Richard Chapo

About the Author:
Richard A. Chapo is a San Diego business lawyer with http://www.sandiegobusinesslawfirm.com – a San Diego business law firm in San Diego, California.

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jlbilby asked:


I’m planning on going to law school after I graduate from a 4-year college. I’m just wondering if I’ll have to start paying back my student loans after 4-year college, or after I graduate from law school?
P.S. I’m just doing some preliminary checks on student loans in general, I’m a senior in high school and I’m just thinking ahead.

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bekka347 asked:


Do corporations donate to individuals going off to graduate school? And if so, what is the best approach in drafting letters to these corporations/companies?

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