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I'm trying to help my brother with a 33K lawsuit from National Collegiate Trust.

The loan was made in 2006. He had a co-signer whose last payment was made about 2 years ago. She is dealing with a suit against her for the same amount, but they have sued my brother separately, so I am hoping his case is entirely separate from hers and that the SOL is an immediate option for defense.

Also, I spoke with a lawyer who said Standing should be a good defense, as NCT provides only 2 pages of the original loan doc from Chase & no proof that they own this loan.

Lastly, the original complaint (at least, the one we have in our possession) is not signed by the attorney. That seems to be a problem, but I'd love to know if you guys have thoughts on this. Is it worth mentioning, or does that matter?

It's now at 22 days past service, unfortunately. My brother didn't get me this info until the weekend, so I'm hoping to file for an extension. I can rush an Answer and file it today, but I would need to spend all day working on it and I'm kind of stressing because I don't want to file something incorrectly.

Any help or input would be greatly appreciated!

 

 

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Unless you are a licensed attorney in the state your brother lives in, you cannot do anything in the courts on your brother's behalf. Your brother has to take the actions and if you cannot convince him to act, then there is nothing you can do.

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He's doing it. I'm not trying to represent him. He's letting me help him file answers, but he's filing his answer as a pro se defendant. I'm doing all of the work, but it's all in his name, obviously.

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