Recommended Posts

I'll try to keep this brief...I'm wondering if anyone can assist? I was contacted by a lawyer in Rhode Island in regards to alleged PRIVATE  student loans from 2009 that would have been loaned to me through the school directly. If I owe the money I want to pay it, however I only have 20 days to file my response and I cannot get the school OR their lawyer to show me that I do in fact owe the money (I thought I only took out Federal loans, that's why I'm unsure of the validity of this debt).

I have had consultations with two lawyers although I cannot afford to hire a lawyer AND pay the debt if it turns out there is proof of this debt. I want the schools lawyer to show me proof of the debt so I can ask them to settle for a lesser amount TODAY but they are not willing to show me any documentation. I understand a lawyer can file for discovery which will force the other lawyer to produce proof, however I can't afford a lawyer and I don't qualify for free or reduced legal aid.

Can anyone tell me how to force them to show me the documentation that they have before going to court?? I just want to settle this matter! I would appreciate ANY input. Thank you!!

 

Please see below for any additional information needed.

-The debt is allegedly for $6,000 but they are suing me for $9,7000 for "fees and interest".

- When I was served with the suit they attached one document: a signed enrollment agreement which explained what students should expect in terms of fees and tuition. It did NOT mention a loan.

- The lawyer states that we spoke in March of 2015 regarding this debt and they were going to send me documentation of this debt. I do not recall such a conversation and I certainly never received any paperwork. I'm fairly certain this would be a violation of the fair collection act....

- Last year I requested a copy of my official transcript which the school provided. They state on their website that transcripts will not be provided to students with outstanding debt.

Share this post


Link to post
Share on other sites

@mclarke087

Read your rule of civil procedure.   In your answer to the complaint, you don't have to admit that you owe the debt.

Quote

I understand a lawyer can file for discovery which will force the other lawyer to produce proof, however I can't afford a lawyer and I don't qualify for free or reduced legal aid.

As a Pro Se (representing yourself), you have the same right to request discovery.   However, you've got answer the complaint.   Again, you must study your rules.

 

Quote

The lawyer states that we spoke in March of 2015 regarding this debt and they were going to send me documentation of this debt. I do not recall such a conversation and I certainly never received any paperwork. I'm fairly certain this would be a violation of the fair collection act....

That's your word against his.  You'd be trying to prove a conversation did not take place?

 

Share this post


Link to post
Share on other sites
5 minutes ago, BV80 said:

Read your rule of civil procedure.   In your answer to the complaint, you don't have to admit that you owe the debt.

Thank you, I have been reading the rule of civil procedure although I do not understand it 100%.

I plan to respond to the complaint; is that where I ask for the production of documents/evidence? I'm having a heck of a time understanding what to say in my response and WHEN to ask for the documentation that they are holding.

 

Share this post


Link to post
Share on other sites

1.  Who is suing you?  Not the lawyers name, but the plaintiff?

2.  Does this debt sound familiar?  Did you sign an agreement for a loan, and not pay?

3.  If you did pay, when was the last payment?

4.  Is this a student loan? 

5.  When is your answer due?

Share this post


Link to post
Share on other sites

1. The plaintiff is New England Institute of Technology in Rhode Island.

2. I am not sure if I did take out this private loan. There is a chance I did which is why I just need to see the contract. (I know I took out Federal, but I'm unsure about these Private loans).

3. I don't recall EVER making a payment. If I do owe these loans it is my fault although I was under the impression that all my loans were Federal.

4. I have until next Thursday to respond.

Share this post


Link to post
Share on other sites
2 minutes ago, Anon Amos said:

Are you in California?  (we can't even tell anymore since the messed up the forum ).

No, I'm from Rhode Island. I apologize if this is a CA only forum.

Share this post


Link to post
Share on other sites

Is that the school you went to?

1st.  Respond to the complaint.  Deny everything except your name, address, venue if they are all correct.  For anything pertaining to the loan, you can answer with " defendant is without sufficient information to be able to admit or deny, therefore denies."

Once you answer the complaint, you can get into discovery.

What court is this, Civil, small claims, county? 

Share this post


Link to post
Share on other sites

Yes. that is the school I went to. My guess is that I owe it or else why would they sue me? Yet they haven't shown proof of that yet....

However, I don't think I should owe the $3,700 in fees and interest seeing as I never received a bill, statement, or notice regarding the loan which was from 2009. It also does not appear on my credit report.

 

It is in civil court.

5 minutes ago, shellieh98 said:

What court is this, Civil, small claims, county? 

 

Share this post


Link to post
Share on other sites
30 minutes ago, mclarke087 said:

Thank you, I have been reading the rule of civil procedure although I do not understand it 100%.

I plan to respond to the complaint; is that where I ask for the production of documents/evidence? I'm having a heck of a time understanding what to say in my response and WHEN to ask for the documentation that they are holding.

 

@mclarke087

If you want to post the allegations in the complaint, I'm sure we'd offer suggestions as to possible responses to the allegations and possible affirmative defenses. 

The request for production of documents is a separate document.   You'd put the court header at the top just as it appears on the complaint.  That would be the plaintiff's name v. defendant's name, case number, court, title (Defendant's Request for Production of Documents), etc.  Your response to the complaint should include that same court header but might be titled Defendant's Answer to the Complaint.

You'd file a copy of your answer with the court and send a copy of your answer along with a copy of the discovery requests to the plaintiff's attorney.

Your rules should tell you if the request for docs should be filed with the court or not.  In most states, discovery requests are not filed with the court.

 

Share this post


Link to post
Share on other sites

wow RI has a 10 year SOL, so that won't help you. 

You can drag this out, the more you drag it out, the less they will settle for.  I would answer the suit, then work on getting a collection of documents, questions, and admissions together.

Questions could be direct questions about the loan, anything.  Admits could be things like "Admit you never billed Defendant for any part of the balance of alleged loan" --things of that nature. 

You will need to check your rules of civil procedure and see if you are limited to the number of requests you can make.  

 

Share this post


Link to post
Share on other sites
53 minutes ago, mclarke087 said:

No, I'm from Rhode Island. I apologize if this is a CA only forum.

No its not Cali specific, you are welcome to post as you please.  Good luck with your case.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.