allushion

Private Student Loan Summon

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Where to began.

Feb 2007 In the great ol state of TWU following dreams as a single mother paying to live in family housing ... I chose a student loan worth $16,000 through Chase Education One... It is now may 2015 and I am summoned to court by someone other than chase...

Here's what has happened in 8 years...

Like 3 years ago someone called and said you need to pay us I said who are you and they told me I'm like how do I owe you they said you took our alone your loans in collections I said do what no your mistaken .. they asked my date of birth and last 4 I gave them my birthday but not the social I told them look you called me so why are you asking me personal information?. So they hung up the charge on my credit report was there... but I continue to raise limits and get things I needed groceries clothing from all other credit needless to say in 2012 I got a degree but wasn't able to keep up so I had to get a regular job in retail Walmart then home health now back to retail doing what I could to make money for me and my children to eat and have a roof .. I didn't finish college with my masters in occupational therapy... nor the minor in nutrition and business I graduated with a bachelor's in exercise science the base to Occupational therapy. Needed to work full time for all the bills accumulated but I still seem to drown...

fast forward now comes the time I get a call from a office called Weltman, Weinberg & Reis Co., L.P.A. they tell me I better get their money now right now or else they will have to enter repossession on my 2009 ford focus funny because I owned that car 2 years earlier but it had been backed into and the damage of the rusting began causing a change in vehicles... so I told them fine do whatever they have to do... they asked if I was going to pay and I said are you going to send me copies of documentation showing why I owe you they said no you know you owe you need to pay... so that went on and an hour later someone else calls and says the same thing i got around 5-10 calls a day from this company for nearly a year and one particular day they made me so mad madder than I usually am. They threatened me to come to my home because they knew where I stay. I don't feel safe in my own home to this day because of those threats I began to stay up each night fighting my sleep listening for outsideoutside my home and had headaches Dr prescribed me with anxiety pills so I could sleep at night...I have children and as a mother I want both of my kids to be safe. He told me and the other guy backed him up like I was on speaker phone being slandered and my weight climbed tremendously from all the frustration stress and anger I had inside of me... they said you need to find a realities who will die soon and place life insurance on them or get into There will so when they die you can bring us the money to pay us. Or find someone with a 401k and have them cash them in your favor and pay us. I said listen I don't even know how you got my number but I will not sir here and keep listening to all of thes belittling you can't keep talking to me like this ... and they said you owe us we can talk how ever we want... so I hung up this same row of calls went the same and all I asked for was all documentation leading up to how they got my loan...

Well now National collegiate trust has my loan and they are using love Beal Nixon and a Jennifer gani and I have asked love Beal Nixon as well as nlt for copies of how they got my paper work and to send it all to me... and guess what.. they said I'm not privileged to that information and I said I want everything in my file from chase and every correspondence sent out on my behalf and every time it has been sold or brought if you have it... then a month later I got summoned to court in my own state and city April 2015. And to write a response. .. what to do get legal aide? Nope I can't they don't represent those type of cases... buy a lawyer nope I can't afford 3 grand in a 30 day period. Seek legal advice? I can't because I don't have the money to pay them the free consultation they give aren't very helpful... I have seen a lot of stories on here some helpful but out of date...

Summary

Private student loan through chase in 2007 now National collegiate trust is claiming to own my loan and sue me using love Beal nixon. But they will not give me all documents and purchasing contracts showing that in fact they did buy the loan... they sent part of the promissory note I've move since and I'm unsure if I know exactly where it is.... now summoned to court filed and answer...was I suppose to get a claim before the deputy dropped off the summon from the court? What should I do...? I feel I don't owe this debt because they did not notify me of any changes from chase to anyone new if in fact this truly happened ... what should I do?

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Summary

Private student loan through chase in 2007 now National collegiate trust is claiming to own my loan and sue me using love Beal nixon. But they will not give me all documents and purchasing contracts showing that in fact they did buy the loan... they sent part of the promissory note I've move since and I'm unsure if I know exactly where it is.... now summoned to court filed and answer...was I suppose to get a claim before the deputy dropped off the summon from the court? What should I do...? I feel I don't owe this debt because they did not notify me of any changes from chase to anyone new if in fact this truly happened ... what should I do?

 

Here is the problem:  WHY you stopped paying isn't relevant.  Only the fact that you defaulted on a loan IS.  National Collegiate Trust is VERY aggressive and so is Neal/Bixon so do not stick your head in the sand on this one.

 

If you want documentation you must go through discovery and interrogatories and request it according to court procedure.  The law does not require they give you ALL the documents only what is relevant to your case and again you have to follow the court rules simply saying "give it to me" doesn't cut it.  

 

OK does not require they send you anything before they sue you.  Few states do.  OK also does not require that they notify you that the lender is selling the note or any "changes" so that isn't going to help you either.

 

You either defend this or they are going to get a judgment and start garnishing and levying bank accounts.  See if legal aid can help you.  Some law schools offer low or no cost legal clinics.  Otherwise start studying up on how to defend yourself.  It takes a lot of work but can be done.  There just isn't an easy way to be your own lawyer.  

 

P.s. the updated amount they are claiming is around $31,000

 

You better believe it is.  A $16,000 private student loan balloons VERY quickly due to the interest rate, penalties, and late fees when you default.  If they get a judgment not only will it be $31k but attorney fees, court costs, and post judgment interest as well.

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Well the problem is that they never would send me anything saying pat this amount they always sent all monies due and it was over 20 grand and I thought to myself how in the world can a college grad pay that type of money? . I also have sought looking for lawyers they wanted 2500-3grand... if I had that type of money I would be ready... I have revolving debt already that I pay on.... so if I had the money I could negotiate... on the other hand legal aide says I must defend myself pro se because they don't do student loans... I have called several companies searched several sites.... and have come up with nothing ... I would like a pro Bono lawyer but I'm not sure if they exist in student loans...

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Well the problem is that they never would send me anything saying pat this amount they always sent all monies due and it was over 20 grand and I thought to myself how in the world can a college grad pay that type of money?

 

At some point after you graduated your student loan(s) came due and you were sent something to pay them.  Once you defaulted then the acceleration clause kicks in and the entire amount is due.  

 

Affording your student loans is the major problem college students have.  They take out enormous loans for private schools to major in careers that are low paying and then complain when they can't pay back what they borrowed on what they are earning.  It is one reason that students are now encouraged to look at earning potential on graduation before borrowing large sums of money for the education.  

 

I would like a pro Bono lawyer but I'm not sure if they exist in student loans...

 

Legal Aid IS the pro-bono lawyer for consumers with civil issues in court.  Pro-bono is typically what is referred to in criminal cases for those who cannot afford a lawyer.  If you cannot hire a lawyer then you are going to have to defend yourself.  You need to start studying up on how to do this.

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Well the problem is that they never would send me anything saying pat this amount they always sent all monies due and it was over 20 grand and I thought to myself how in the world can a college grad pay that type of money? . I also have sought looking for lawyers they wanted 2500-3grand... if I had that type of money I would be ready... I have revolving debt already that I pay on.... so if I had the money I could negotiate... on the other hand legal aide says I must defend myself pro se because they don't do student loans... I have called several companies searched several sites.... and have come up with nothing ... I would like a pro Bono lawyer but I'm not sure if they exist in student loans...

 

Sadly this does not surprise me at all.  When we ran into legal trouble last year due to a car repo Colorado legal aid suggested that we don't even show up in court so the other side could get a default judgement since according to them "..we won't win anyway so  why bother....nothing to be ashamed with wage garnishment since it happens to the best of people !!".  

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