almostfree Posted December 17, 2013 Report Share Posted December 17, 2013 A question for those with experience here. If I defaulted on a debt which would have gone beyond the sol by now except I made an online partial payment 2 years later, 5 years ago. So I'm about a year from the sol expiring. If this went to court, would the onus be on the OC to prove that the online payment was made. It's a private student loan that was not being serviced by the OC directly, but by the student loan servicing company, so the payment was made on their website, not the OCs website. The account hasn't been serviced by them for 4 or 5 years.What's the likelihood the OC would be able to provide proper proof of this payment in court? Link to comment Share on other sites More sharing options...
1stStep Posted December 17, 2013 Report Share Posted December 17, 2013 Slim but not none... they have to prove a payment, but in the days of cheap digital storage, don't discount this entirely. Link to comment Share on other sites More sharing options...
almostfree Posted December 17, 2013 Author Report Share Posted December 17, 2013 That's kind of what I was thinking. I'm hoping to just lay low and see if I can ride it out until the SOL expires, but at the same time try to save up for a settlement if it comes to that. Link to comment Share on other sites More sharing options...
shellieh98 Posted December 18, 2013 Report Share Posted December 18, 2013 Check the rules for your state. Some states use the date of default, if you made a partial payment, but did not bring the account current, then it was still in default, and the sol may have passed. Check your states statues on sol. Link to comment Share on other sites More sharing options...
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