[BIG TIME]

"Wicked Exploitation" sounds pretty cool. Like the name of a goth band or something.

Anyone care to try and explain what that term, along with "impaired consent" and "undue influence" mean? Are they directly interchangeable or just very similar?

Could any of these terms be used to sum up an equitable cause of action?

Specifically, with the way Student Loans are these days. The collectors go too far because of the power the student loan laws give them. So they end up charging interest on the flat collection costs, which isn't the way it's supposed to be, and somehow calculate the interest incorrectly as a whole, and the government or guarantors look the other way and force people to deal with the crooked collectors.

In such a case, could another cause of action be a breach of fidicuary duty by the guarantor? Or breach of trust, maybe?

A guy I used to work with quit and moved back home with his parents to make himself judgement proof and to avoid garnishment.

His 30K in student loans is now, somehow, 90K and he is going to take them on Pro Se and I'm going to help him. If he paid what they want him to pay, the guarantor would get back their 30K and 60K would go to the collectors as pure profit.

[Enigma]

Some Student Loan Justice in St. Louis : Bankruptcy Law Network

[Enigma]

Undue Influence legal definition of Undue Influence. Undue Influence synonyms by the Free Online Law Dictionary.

undue influence n. the amount of pressure which one uses to force someone to execute a will leaving assets in a particular way, to make a direct gift while alive, or to sign a contract. The key element is that the influence was so great that the testator (will writer), donor (gift giver), or party to the contract had lost the ability to exercise his/her judgment and could not refuse to give in to the pressure. Evidence of such dominance of another's mind may result in invalidation of the will, gift, or contract by a court if the will, gift, or contract is challenged. Participation in preparation of the will, excluding other relatives, being present when the testator and the attorney meet are all evidence of undue pressure, and an imbalance or change in language which greatly favors the person exercising the influence are factors in finding undue influence. Example: Pete Pounder constantly visits his aunt Agnes while she is ill and always urges her to leave her mansion to him instead of to her son. Pounder threatens to stop visiting the old lady, who is very lonely, tells her she is ungrateful for his attention, finally brings over an attorney who does not know Agnes, and is present while she tells the attorney to write a new will in favor of Pounder.

[Enigma]

Student Loans and Bankruptcy - Important Read

[BIG TIME]

Good info, E. Thanks!