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Hello, and thank you for taking the time to look at this.

On July second I was served papers through Forster and Garbus regarding an old student loan debt from 2003. 

I've feverishly researched this issue, and I've prepared an answer to be delivered ASAP. I'm attaching a censored version of both the summons and the document with the intention of getting them having some good people here proof read them to ensure I'm not missing anything.

On that note, I do have a raw question before I get to answering the standardized questions. 

Specifically, I'm talking about an entry on their complaint form that says : 

"2nd cause/action: Plaintiff stated an account to be defendant without objection. That there is now due plaintiff from defendant(s) the amount set forth in the complain, no part of which has been paid although duly demanded."

Isnt this a violation of some rule? I do have the old letters they said making claims that if I "dont respond the debt is assumed valid"; and I was told in passing that this violates some law; but I'm unsure of what can be done. Also, as it's not written as an official numbered complaint, I'm unsure if I should address this on my written answer.

I'm also not entirely sure how I get the answer to the plaintiff.  Resources on NYC's legal aid site mention having to involve a notary and having a third party uninvolved in the case deliver the answer, while the summons  itself states I need to serve a copy of my answer directly to the plaintiff's attorney, which is located about 3 hours from me. 

Also, the index number on the summons handed to me is a 6 digit number, but a reminder from my local courthouse has the same index number only with a slash and an additional two numbers at the end.

Sorry for all that, here are the template questions.

 

1. Who is the named plaintiff in the suit?
Jefferson Capital Systems LLC.


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


3. How much are you being sued for?
$31,829.81


4. Who is the original creditor? (if not the Plaintiff)
SLM Education credit finance C.

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

I was served on July 2nd, 3:00pm.

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

In person

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

Yes.

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?

Nothing.

9. What state and county do you live in?

Richmond, New York

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

January 2012

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

6 Years. 

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 B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Suit served. 

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

No

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?

20 days. The summons was handed to me on July 2nd, so this Friday.

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.

The summons states "Upon information and belief of a promissory note."

17. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

I'll be watching this thread closely, so please feel free to ask any questions in the event I missed some details. 

CENSSummons2.jpg

CensResponse.jpg

CENSSummons1.jpg

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12 hours ago, Mardoe said:

"2nd cause/action: Plaintiff stated an account to be defendant without objection. That there is now due plaintiff from defendant(s) the amount set forth in the complain, no part of which has been paid although duly demanded."

Isnt this a violation of some rule?

No.  In the answer you object to their claim.   

12 hours ago, Mardoe said:

I was told in passing that this violates some law;

This is a suit for over $30k do NOT use information in passing.  This will not be in small claims but in State/Superior Court where they will follow ALL the rules of civil procedure.  You cannot use information from lay people across the board to defeat this.  I highly recommend you get a free consult with a consumer attorney to discuss your options.  I would pay a lawyer before Jefferson Capital.  They are a BIG bottom feeder.  Go to NACA Attorneys to locate one near you.

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Thanks for the information, and yeah I wasn't going to act on information in passing.

Last week I  called up http://www.goldenbergfirm.com/ and they seemed quite confident.

They told me Jefferson Capital frequently doesn't have proof; and that they the person who wanted to take the case "liked working on these cases" but the cost was huge.

1500 up front, with 1500 later on a payment plan. Supposedly normally 2000 up front and 2000 later. 

Not really sure if that's a good price or not, and then what happens if the case is lost?

I have to pay these guys 3k in addition to the 31K? I at that point I may as well take a nap on a rail road track. 

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6 minutes ago, Mardoe said:

1500 up front, with 1500 later on a payment plan. Supposedly normally 2000 up front and 2000 later. 

Not really sure if that's a good price or not, and then what happens if the case is lost?

What do you mean what happens if the case is lost?  It isn't like they can guarantee a win.  In fact I would RUN as fast as I could from ANY lawyer that guaranteed a win.   Whether it is reasonable or not depends on your personal definition.  If that is just to get started:  maybe.  If that is a flat fee for full representation including trial if they don't drop it:  very reasonable.

They are correct though:  Jefferson Capital pretty much is hoping for the default or summary judgment.  They don't want to have to prove anything.  

9 minutes ago, Mardoe said:

I have to pay these guys 3k in addition to the 31K?

If it were me?  I would pay the 3k and roll the dice that Jefferson folds.  If I lost the case:  then I pull the BK pin and make sure not only did Jefferson spend a chunk of money chasing me but that they never collected a penny.

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27 minutes ago, Mardoe said:

But aren't student loans immune to bankruptcy? 

Depends:  federally backed loans:  yes.  Private ones?  No.

Who did you originally borrow from?  Sallie Mae/Navient takes over once you graduate.  If it was a private bank that did the lending you could BK them but would have to discuss it with a BK attorney to be certain they are eligible.

If they cannot be discharged the next option is to keep yourself collection proof.  Living off the grid.  Unbanked.  Paying in cash/money orders for bills etc.

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30 minutes ago, Clydesmom said:

Depends:  federally backed loans:  yes.  Private ones?  No.

Who did you originally borrow from?  Sallie Mae/Navient takes over once you graduate.  If it was a private bank that did the lending you could BK them but would have to discuss it with a BK attorney to be certain they are eligible.

If they cannot be discharged the next option is to keep yourself collection proof.  Living off the grid.  Unbanked.  Paying in cash/money orders for bills etc.

The answer to your question is Navient. 

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In Richmond County New York, if you just fight this remotely smartly, you are going to be able to beat them.  I am going to refer you to two attorneys who I've used in the past that could help you with this. 

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Thank you very much for the suggestions.

I will make my final decision on this tomorrow, leaving a mere 4 days before the deadline to respond to this action. Is that enough time? 

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On 7/17/2016 at 0:36 PM, Mardoe said:

Thanks for the information, and yeah I wasn't going to act on information in passing.

Last week I  called up http://www.goldenbergfirm.com/ and they seemed quite confident.

They told me Jefferson Capital frequently doesn't have proof; and that they the person who wanted to take the case "liked working on these cases" but the cost was huge.

1500 up front, with 1500 later on a payment plan. Supposedly normally 2000 up front and 2000 later. 

Not really sure if that's a good price or not, and then what happens if the case is lost?

I have to pay these guys 3k in addition to the 31K? I at that point I may as well take a nap on a rail road track. 

Also, the attorneys I referred to you in PM do not charge nearly this much.  I had one of them handle a JDB case for me and they charged me a flat fee of $750.00 and $150 for every court appearance (there were non) and he got my case dismissed. 

I have heard of that law firm, and they do exceptional work.  But $3,000.00 is excessive.

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6 hours ago, usctrojanalum said:

Also, the attorneys I referred to you in PM do not charge nearly this much.  I had one of them handle a JDB case for me and they charged me a flat fee of $750.00 and $150 for every court appearance (there were non) and he got my case dismissed. 

I have heard of that law firm, and they do exceptional work.  But $3,000.00 is excessive.

Thank you very much for this suggestion.

I decided to give them a call today, and after a very long and detailed and reassuring conversation I decided to go with them on the spot.

They charged 800 flat for the case with 200 per court appearance due to the distance they'd have to travel should a court appearance even be necessary. 

As I'm currently in the process of getting on my feet after finally landing a decent job; being able to pay 800 instead of an astronomical 3k is a huge, huge weight off my shoulders.

I'll keep the thread updated as things happen, if that's OK.

By the way, this wasn't an E-file case; but my representation assures me that they'll have the answer sent to both necessary parties in time easily.

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With an attorney against a JDB in New York City I'd expect you to have a very positive result here.  Since you are in the Supreme Court, the Plaintiff has to file a document called a request for judicial intervention before the case moves forward.  I've been following a case against a friend of mine in Dutchess County New York (he is pro se) and Unifund and they have not filed an RJI and it has been 19 months already. 

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On 7/20/2016 at 1:58 PM, usctrojanalum said:

With an attorney against a JDB in New York City I'd expect you to have a very positive result here.  Since you are in the Supreme Court, the Plaintiff has to file a document called a request for judicial intervention before the case moves forward.  I've been following a case against a friend of mine in Dutchess County New York (he is pro se) and Unifund and they have not filed an RJI and it has been 19 months already. 

That's what the paralegal I spoke to said. If they don't respond in certain time frame we're to move for dismissal.

Apparently the judges in Richmond County lean towards the consumer as well. 

 

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On 7/18/2016 at 7:17 PM, Mardoe said:

Thank you very much for this suggestion.

I decided to give them a call today, and after a very long and detailed and reassuring conversation I decided to go with them on the spot.

They charged 800 flat for the case with 200 per court appearance due to the distance they'd have to travel should a court appearance even be necessary. 

As I'm currently in the process of getting on my feet after finally landing a decent job; being able to pay 800 instead of an astronomical 3k is a huge, huge weight off my shoulders.

I'll keep the thread updated as things happen, if that's OK.

By the way, this wasn't an E-file case; but my representation assures me that they'll have the answer sent to both necessary parties in time easily.

Would you be able to forward me the attorneys information, I have been reading your case and I am in a similar situation. 

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