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I'll try to keep this brief...I'm wondering if anyone can assist? I was contacted by a lawyer in Rhode Island in regards to alleged PRIVATE student loans from 2009 that would have been loaned to me through the school directly. If I owe the money I want to pay it, however I only have 20 days to file my response and I cannot get the school OR their lawyer to show me that I do in fact owe the money (I thought I only took out Federal loans, that's why I'm unsure of the validity of this debt). I have had consultations with two lawyers although I cannot afford to hire a lawyer AND pay the debt if it turns out there is proof of this debt. I want the schools lawyer to show me proof of the debt so I can ask them to settle for a lesser amount TODAY but they are not willing to show me any documentation. I understand a lawyer can file for discovery which will force the other lawyer to produce proof, however I can't afford a lawyer and I don't qualify for free or reduced legal aid. Can anyone tell me how to force them to show me the documentation that they have before going to court?? I just want to settle this matter! I would appreciate ANY input. Thank you!! Please see below for any additional information needed. -The debt is allegedly for $6,000 but they are suing me for $9,7000 for "fees and interest". - When I was served with the suit they attached one document: a signed enrollment agreement which explained what students should expect in terms of fees and tuition. It did NOT mention a loan. - The lawyer states that we spoke in March of 2015 regarding this debt and they were going to send me documentation of this debt. I do not recall such a conversation and I certainly never received any paperwork. I'm fairly certain this would be a violation of the fair collection act.... - Last year I requested a copy of my official transcript which the school provided. They state on their website that transcripts will not be provided to students with outstanding debt.
I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, They called us all into one courtroom with a judge. She read through ALL the cases and they where dispersed to various other courtrooms. Mine was 4B. I met with the para legal in the hallway. I showed her my answer and requested to see their Bill of Sale. etc. She went over to the attorney, he handed her my file. She came back and said "this is what we have" and it was all the documents they'd sent me previously. I re-iterated what I was requesting. She stated they didn't have it, I stated I wanted a trial. We all go into the courtroom. Everyone made a deal for payments. People who didn't have any money etc had their cases dismissed- but with the verified plan to re-file in a couple months. I was the last person called- as the only "request for trial". I went before the judge. Attorney stated "Defendant is requesting documents that we are not in possession of, therefore we will be dismissing this case" Judge says "GOOD JOB young lady!!!". He went on to state that "the case will be dismissed, but if they obtain all the documents you requested, they will be able to re-file if they should choose to". I asked him to dismiss with prejudice. He said because the case is lacking evidence that CAN be obtained, he can't rule that way. He asked what I do, I said "I'm a social worker". Judge says "well you should be a lawyer! You did a great job!". Then CASE DISMISSED. Attorney spoke with me in the hallway and stated that he is recommending to Midland that they drop this case and will pursue no further legal action against me. Hope this is true! I didn't even need the Trial Brief I'd prepared or any of the documents, case law, legal statutes. Once they saw what I wanted, they went away. WHOOOOO HOOOOOO this trial has been stressing me out for months. Now it's over. Let's hope he keeps his word re: no further legal action against me My original thread pleading for help....http://www.creditinfocenter.com/community/topic/323664-please-help-served-by-midland/ I could NOT have done this without all the info and comments available on here. Thank you so much! Edit: if there's anything I can do to help any one else (especially ppl from Rhode Island) pls feel free to PM me. I prepared soooo many legal docs, but didn't have to use them. And I found so many samples on here- but made them my own with R.I. Case law, Civil Procedure Rules, Evidence Rules and legal citations etc. I am proof- you just have to do the research and it will pay off.