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Being sued in California by National Collegiate Trust


trw
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I am being sued in California for two private student loans that I defaulted on. Loans were originally done through Bank of America in 2004 and 2005 and sold to National Collegiate Trust. Through lifes up and downs I was unable to finish school and never made a payment on the loans. My credit report shows I defaulted on the loans in 4/09. Since a payment was never made would that mean the SOL falls back to 2004 and 2005?

 

When I lose my cases and the Plaintiff receives a judgement against me can I file bankruptcy? Would the money owed still be considered non dischargeable because it originated from private student loans?

 

In a bank account garnishment, can the creditor take funds out of my account more than once? Or do they only have one shot at whats in the account at that time?

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Your default would have occured sometime in 2009 - when you quit paying on the loan... in that case, they are within statute.

 

File an answer and demand a bill of particulars - my guess is NCT is a debt buyer and may not be able to prove standing to sue... which means if you outmaneuver them in court, you will win.

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