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Being Sued by National Collegiate Student Loan Trust--HELP!!


matchu420
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Hello,  I just received a summons in the mail the other day from National Collegiate Student Loan trust I, A Delaware Statutory Trust stating they are beginning litigation for a TERI (private) loan I had that defaulted back in July of 2008.  The summons is very vague and open, with no custody chain of loan or account numbers or anything necessary to prove that this loan is indeed mine.  I called and confirmed the July/ 2008 default date this morning with AES who service the loan for Chase bank who was the original lender.  I know that the SOL has not run yet in my state (AL) as they're a 6 year state.  The loan was with AES  ( A Pennsylvania Co.) at the time of default and they are a 4 year SOL state.  Does anyone think that  states SOL would hold up in the Alabama courts?  I have yet to answer this summons as I'm trying to get my ducks in a row to battle this correctly.  Does anyone have any experience in dealing with these goons or have any help to offer maybe in way of delaying this suit until the SOL has run out here in eight months?  Any help would be appreciated.

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Alabama does not appear to have a true borrowing statute I can find when it comes to strictly written contracts which this will be.  Therefore you need to plan accordingly that the AL SOL applies.

 

The problem you are going to have is WHEN did you move to AL?  If the PA SOL had not expired when you moved to AL and had longer than a year to run once there then the AL is going to apply.

 

Does anyone have any experience in dealing with these goons or have any help to offer maybe in way of delaying this suit until the SOL has run out here in eight months?  

 

It is too late to delay the suit.  The date that matters as far as the SOL is concerned is the day the plaintiff filed with the court.  No motion you file now will affect the SOL because it stops running once the case is filed.  

 

Your secondary problem is going to be the general disdain in the courts for student loan borrowers who accepted the money for their education then made zero effort to repay the obligation.  There is A LOT of backlash right now about the sheer number of defaults.  You might try seeing if you can get into a rehab repayment program to get it out of court.  

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