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Being Sued for Private Student Loan Debts (bound to be more sooner or later)


rawfeels
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I was served with a summons on 8/24/14 and have been in contact with about 3 lawyers...none of which offered much advice other than to respond to the suit. I live in CALIFORNIA

As for the specifics, see below...

1. Who is the named plaintiff in the suit? -

National Collegiate Student Loan Trust

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)-

Pattenaude and Felix

3. How much are you being sued for?

~$12k (though when i spoke to them on the phone they mentioned another suit was filed for $5k that i havent received yet.

4. Who is the original creditor? (if not the Plaintiff)-

This is hard to answer sort of... i signed the document for JP Morgan Chase (Bank One). But in the evidence section provided there is mention that the Chase sold it (?) to The First Marblehead Corporation and National Collegiate Trust

5. How do you know you are being sued? (You were served, right?)-

yes i was served

6. How were you served? (Mail, In person, Notice on door)-

a man came to my door and handed me the paper. Didnt let me sign a "received" line or anything

7. Was the service legal as required by your state? -

apparently so.

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?-

They had called me over the last year or two trying to collect. I usually told them i could not pay at the time because it meant paying them or putting food on the table for my kids (this was after i ran out of deferments and forbearance)

9. What state and county do you live in?

San Bernardino County , CA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)-

i will have to double check. Not sure if its been more than 4 years

11. What is the SOL on the debt? To find out:

4 years according to the lawyers i talked to.

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

I looked at the county website and it doesnt say much other than the company paid $380 to file. Next due date is the court date for 2/15/15

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)-

not yet. i'm gathering all of my evidence to file my answer form. (PLDC010)

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

no.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

30 days

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

they sent a complaint, a copy of my agreement with chase, a bunch of papers that talk about how chase sold the loan to NCT and Marblehead, and a pleading paper from the lawyer which talks about his knowledge of the debt (but he's careful enough to say "based upon my personal knowledge, except for that which is stated to be based on my informaiton and belief")

17. Read this article:

One thing i noticed about this summons is that it lists defendants (my name) and a check box "As Does 1 through 15". I dont know what that means and cant find anything online.

I also have been reading this site and saw mention of a BOP. I couldnt figure out what that was either so and am not sure if it applies to me.

Mostly...i am just wondering if i am on the right track with what im doing. Essentially...i do owe the funds, however, i am unable to pay still. I had contacted them previously and theyre always talking about wage garnishment. My only goal at the moment is to at least have a say in court. I plan on submitting to court my lease paperwork for my apartment, bills, etc...that show i cannot pay all these bills and still have a normal life and claim undue hardship.

My biggest issue is that these are PRIVATE student loans (i pay the federal ones) and every lawyer ive spoken to tells me there isnt really anything i can do.

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