Berman also noted how unperturbed Dana's dad seemed throughout the trial. "Here his daughter's bringing him to court and there's no sadness, no remorse that his daughter was in this situation having to sue him." After two-day trial, the judge ruled that Dana had indeed fulfilled her part of the contract and awarded her about $47,000 in damages, which covered the initial loan, interest and attorney fees.
If a daughter successfully suing her father for nearly $50,000 to recoup the cost of her college loans sounds unusual, Dana's attorney would be the first to agree. "Nothing that I've researched has shown any cases like this and hopefully there won't be any more, because it's a sad situation," Berman admitted. As an art major-turned-teacher facing a grim economy (liberal arts majors' salaries' dropped 8.9 percent in the last year), Dana's legal victory should ease some of her monetary concerns. But most college grads can't turn to the legal system to relieve them of their student loan woes. Unlike other types of debt—such as mortgage or credit card—student loans aren't wiped away by declaring bankruptcy.
That means grads who can't afford to make ends meet can end up defaulting on their loans, which effectively ruins their credit. What's worse, defaulting means being turned over to a collection agency—and the fee that incurs can turn an already imposing amount of debt into downright terrifying numbers.
Dr. Michelle Bisutti, for instance, finished medical school in 2003 with $250,000 in student loans. Today, she owes $555,000—and $53,000 of that is just a fee for being turned over to a collection agency.
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