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It looks like I am going to have to sue Sallie Mae. My question is that I have about 12-15 charges that I want to claim.. Is that bad? Should I just stick to 3-4? Violation of TILA Violation of Higher Ed Act x3 Fraud Malfeasance Collusion Defamation Racketeering Abuse of Process Falsifying Records Extortion Bad Faith Breach of Contract Violation of Federal Rights
1. Who is the named plaintiff in the suit? SLM Education Credit (special subsidiary without executives that Sallie Mae uses as a Plaintiff) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Blatt, Hasenmiller, Leibsker & Moore (BHLM) in Phoenix 3. How much are you being sued for? $8K 4. Who is the original creditor? Sallie Mae 5. How do you know you are being sued? (You were served, right?) Found this the next day after they filed this Complaint - on the Justice Courts Website Was served 9 days later. 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent their dunning letters twice (August 2012 and February 2013) Both times responded them with DV Request. The second time they sent me the copies of original papers with my signatures. 9. What state and county do you live in? Arizona, Maricopa 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) October 2007, Charged Off in June 2008. The same month they accelerated the Whole Balance Due option ( using Zwicker and Assoc and Arrow Financial Services, Arrow is SLM's collection subsidiary). I lost all their dunning letters of 2008-2010. 11. What is the SOL on the debt? ARS 47-2725 - 4 years Statute of Limitations in Contracts for Sale, thanks to FTC Holder Rule Provision in this Contract (see below). Update 02/04/2015: It was not ARS 47-2725 - it was ARS 12-544(3) - Four Year "...upon an instrument in writing executed without the state." 12. What is the status of your case? Filed MTD for the Failure to State Valid Claim and as Time Barred under ARS 12-544(3) (the contract was signed in Florida). The MTD was denied. Today (10/02/13) filed my Answer and Counterclaim =================================================================================== Update - 01/28/2015: I won my Appeal in Maricopa Superior Court - the Trial Judge erred ignoring my AZ SOL 4 years ARS 12-544(3) defense "upon an instrument in writing executed without the state." ========================================================================== Update - 02/06/2015: Received in mail the official Justice Court Order (02/02/2015) on three pages: 1) Vacating its previous Judgment for SLM (04/04/2014) and awarding me $140.00 in Court Costs (JC only) and releasing my Appeal Cost Bond $250.00 (by Chase Bank); 2) Quashing SLM's Writ of Garnishment and requiring Garnishee (my former Employee) and SLM return me any garnished money (total $757.45 was not specified there); 3) Superior Court Appeal Filing Fee $304.00 is not addressed there.
Hello, I am currently helping my fiance clean up her credit profile. We are working on settling a private student loan debt. The original creditor is Sallie Mae, and the account is being serviced by Windham. We recently sent a letter proposing a 30% settlement. To our surprise, they returned a letter accepting the offer. Our concern is that the letter has no distinguishing features. No reference to the person authorizing the settlement, etc. The Windham collection account number is referenced and the wording that the account will be considered settled and paid reflecting a zero balance due. It appears that the letter has the appropriate Balance due and does state the amount to be paid. We wanted to know what is needed in a settlement letter in order for it to stand up in court should the debt be brought up again. Also, if you have settled a debt, what wording were you given, and what are you comfortable settling with as far as documentation goes? I have read a bit here and there, and it seems that what we have may suffice. But it still seems like so little and I have a fear the Windham will collect their bit, and sell off whats left. I look forward to your replies, and being able to help others out in the future! Thanks for your help!
https://www.salliemae.com/assets/about/investors/debtasset/SLM-Loan-Trusts/Prospectus/SLM2013-4_PreliminaryProspectus_as-printed.pdf Prospectus Supplement to Base Prospectus dated August 5, 2013 $746,600,00 SLM Student Loan Trust 2013-4 Issuing Entity: SLM Funding LLC Depositor: Sallie Mae, Inc. Sponsor, Servicer and Administrator: Student Loan-Backed Notes Career Training Loans. Sallie Mae Bank funds Career Training Loans. Career Training Loans provide eligible borrowers financing at technical and trade schools, tutorial and learning centers, and private kindergarten through secondary education schools. They are NOT guaranteed by any federal guarantor, or by any governmental agency or by any private guarantor.