How to File a Complaint Against Navient

The US Consumer Financial Protection Bureau has claims that Navient has, among other things, misallocated payments, provided unclear information about things like cosigner releases and income-driven repayment plans, and steered struggling borrowers toward things like forbearances instead of repayment plans based on income.

Whether your issue with them falls under these categories or simply something as simple as a fraudulent charge or unnecessary charge on your account that they keep ignoring, you can file your own claim against Navient through the CFPB here.

You have to determine if your situation qualifies. Not just anyone can sue in small claims court. There is typically a small claims court limit between $5,000 and $10,000 but certain States go as low as $2,500. If your problem is worth more or less than this amount, you’ll have to use consumer arbitration.

If your issue falls under the small claims court limit, this is a great option to pursue as it is significantly faster and easier than other litigation but it can still take a few months or longer.

How to Sue Navient in Small Claims Court

Every state has similar requirements and they almost all start with a demand letter.

If your state requires the demand letter it just means you have to ask Navient to fix your problem before you file your claim officially.

Send Navient your demand letter.  This can be as simple as telling them who you are, and don’t forget to include your contact information and account information, what your issue is, and how you want them to fix it. This doesn’t have to be overly complicated but you do have to mail a hard copy to the company preferably using certified mail or some other option that gives you a delivery confirmation. Send it to:

Navient Solutions, LLC

CORPORATION SERVICE COMPANY

251 LITTLE FALLS DRIVE

WILMINGTON, DE 19808*

*Note: The address you should use will be listed in your individual subscriber agreement.

1. Fill out your state required forms. Once you have sent your demand and nothing has been done, it’s time to up your game. In order to sue Navient in small claims court you have to fill out your state required paperwork which should be available freely on your state court website. Make sure you have enough copies to, Most states require that you deliver three or four copies of every form otherwise they won’t accept it.
2. Formally file your complaint with the court. All those forms once filled out in their entirety have to be brought physically to the courthouse during specific hours and days of the week. You go to the county clerk’s office when filing small claims and you pay the small claims court fees. Once that is done the county clerk will give you a stamp copy of all your forms and your court date. Make sure you keep all that information safe.
3. Legally “serve” Navient. This is a tough, long process but requires you to officially serve the company by delivering a copy of all your filed papers. You should look at your court website for instructions on how to properly deliver all of this information. Alternatively check for “small claims service of process” online. Some local courts have very particular rules about how you can serve the defendant in your claim, the defendant being Navient. If you don’t follow them exactly they throw your case out.
4. Head over to the court at your official court date with the copies of your file forms and any other evidence you have to back up your case.

Arbitration Clauses

Your contract with Navient probably limits your ability to file an official legal complaint or take part in a class action lawsuit. This is quite common for large corporations and it doesn’t mean you’re helpless. You still have the option of taking your complaint to small claims court or consumer arbitration.

If for some reason you aren’t able to use small claims court or you simply don’t want to try and struggle through the process alone, you can use consumer arbitration, an arbitration process.

This is perfect for someone who falls outside the small claims court limit for monetary compensation or just wants help generating the required documents. Sometimes all it takes is having someone on your team.

Steps to File a Claim Against Navient with Consumer Arbitration

1. Submit your complaint to Navient. This is pretty similar to the demand letter mentioned above. It is an official, legal notice that you have a dispute with the company and you want them to solve it. With our online interface, you can tell us what your issue is and how you want them to fix it. We generate and submit the legal notice for you.
2. We create a hard-copy demand letter that gets sent to the company and include the time frame for them to fix the problem. If they don’t, you will use consumer arbitration as your next step.
3. You might get lucky and they might give you an offer or settlement right here. Many big companies will try to settle early once they reach this point but if they don’t, or the amount they offer is too low, you move on, with our help.
4. File your arbitration documents from the American Arbitration Association.  We file on your behalf using a “documents only” arbitration process oh, so you don’t have to meet with anyone or sit in an overly intimidating conference room.
5. All the documents are filed with the American Arbitration Association and a case administrator is appointed to your case. They manage your claim from there on out, collect information from you and from Navient, schedule appointments, and let you know when an arbitrator is assigned to your case. The arbitrator will set a hearing date much the same as a judge set a court date.