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That's surprising they would request payment almost 3 years after the loan was made.  

 

Not when it comes to student loans.  The loan(s) are made while enrolled in school and as long as the student is enrolled at least half time and making satisfactory academic progress the loans are in deferment until 6 months after graduation or when the student is no longer meeting academic criteria.  i.e. drops out, fails 2 semesters, or is expelled from the program.  The first payment date is usually set at the time the loan originates based upon the anticipated graduation date but this can change depending on how the academic career progresses.

 

Check with a BK attorney to see if you can include this in your BK, and start the process asap.  I don't know much about BK law, but it's worth a look.

 

It was included in the BK that isn't the problem. The problem is most student loans cannot be discharged in BK even if you list them.  There is an adversarial proceeding that has to be done at the time of BK to get them discharged and it wasn't done and it is too late now.

 

 Find any letters, communications, etc... from NCT and see if there are any FDCPA violations.

 

Won't matter on a debt that is over $28,0000.  They won't care about a fine of $1k.  For a counter claim to work the claim has to be worth less than or equal to the debt being sued for.

 

The best defense against NCT is a good lawyer.  They usually can't prove squat and back down when confronted by legal counsel.  There are several class action lawsuits that have been brought against them.  I would find the case law related to that and use it against them.

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Not when it comes to student loans.  The loan(s) are made while enrolled in school and as long as the student is enrolled at least half time and making satisfactory academic progress the loans are in deferment until 6 months after graduation or when the student is no longer meeting academic criteria.  i.e. drops out, fails 2 semesters, or is expelled from the program.  The first payment date is usually set at the time the loan originates based upon the anticipated graduation date but this can change depending on how the academic career progresses.

 

 

It was included in the BK that isn't the problem. The problem is most student loans cannot be discharged in BK even if you list them.  There is an adversarial proceeding that has to be done at the time of BK to get them discharged and it wasn't done and it is too late now.

 

 

Won't matter on a debt that is over $28,0000.  They won't care about a fine of $1k.  For a counter claim to work the claim has to be worth less than or equal to the debt being sued for.

 

The best defense against NCT is a good lawyer.  They usually can't prove squat and back down when confronted by legal counsel.  There are several class action lawsuits that have been brought against them.  I would find the case law related to that and use it against them.

 

Thanks for all the help! The guy working for the plaintiff has messed up a ton, but he still knows more about the law than I do. I am also still waiting to see if my motion to strike was granted. How would I find that out? If it was then I can file a Motion to Dismiss because the original complaint will stand. I am hoping I can file motion to dismiss due to lack of standing because the first complaint lists NCT as the primary party (the documents show they are not) AND they identify the account as a line of credit which would have been dismissable in my BK. I will include their forms to me and the schedule F that shows they are listed and hope for the best. 

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As someone else mentioned above, it is VERY hard to dismiss any sort of student loans (private or federal) in Bankruptcy. So even though it would have been included in your bankruptcy you are still liable for it. Bankruptcy does cause the loan to go into default and accelerate it.

 

I am in the same boat with you about a case filed by NCT. NCT was not the initial lender. Mine has sat in the courts for 2 years and court went to dismiss for WOP and the attorney filed back to keep the case open. I have the pooling agreement too. They also listed in one of my loans that I made a payment of $800. When I filed for discovery for them to show proof and new attorney took over (he was taking over all the NCT cases), so they have never showed proof. I have my statements that show otherwise though.

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Is this still an active thread? This is all very familiar to my current situation. 

 

Received a summons from a JDB that they had purchased my 2007 online student loan from Union Federal. 

Sent sent the transfer agreements and affidavit. But no where in the transfer agreements was the 'accounts schedule' that was said to be attached. The affidavit is almost word for word like other ones I've read. 

 

My concern about a SOL defense is that in the contract with USFB they do have a choice of law provision that says Rhode Island law is the law of the contract. The SOL in Rhode Island is 10 years. 

So I'm assuming in my, and op's case, a SOL defense won't work if the contract is governed under RI law. Correct? Or are SOL not included in a choice of law provision?

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