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Request for Judicial Intervention


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I am hoping someone can help me! 

In November 2016, I was served a summons from Forster and Garbus, claiming a student loan debt was unpaid for the amount of about $5,000, this is accurate, and the loan was taken out in 2003-2004. Once the summons was served, I filed an answer, asking for evidence/validity of the debt , asking for all statements, proof of contract, etc. Finally also stating plaintiff's are unable to afford the debt. This was filed in November of 2016.

Two days ago,  I received a letter from them- Forster and Garbus, which they have also sent to the court, asking for an "RJI".

 

I am asking if anyone can give me advice on what my next step should be? Obviously attend the court date that might be given, but then what? Am I able to ask the judge for leniency, should I bring documents proving I am unable to pay the balance in full, etc...

 

I am just unsure of what follows? Any help would be greatly appreciated! 

 

I am in the state of NY.

 

Thank You!!

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50 minutes ago, vane23 said:

Finally also stating plaintiff's are unable to afford the debt.

This may have been fatal to your defense.  You essentially admitted the debt was yours and you owe it.

50 minutes ago, vane23 said:

Two days ago,  I received a letter from them- Forster and Garbus, which they have also sent to the court, asking for an "RJI".

Exactly what judicial intervention are they seeking?  This is not typically filed in debt cases.  It is usually used in Family Court in divorce and custody cases.  When a spouse won't pay the ordered support or is impeding visitation.  

51 minutes ago, vane23 said:

Am I able to ask the judge for leniency, should I bring documents proving I am unable to pay the balance in full, etc...

Unfortunately leniency comes into the picture in criminal cases not civil debt issues.  No matter how unfortunate your circumstances the courts only concern is whether or not the debt is valid and you owe it.  Inability to pay is not a defense.  If you cannot pay the balance in full to settle they might be willing to sign a consent judgment where you make payments.   Be very careful with this because if you miss ONE payment they do not have to sue you again they can immediately garnish wages or levy bank accounts.

54 minutes ago, vane23 said:

In November 2016, I was served a summons from Forster and Garbus, claiming a student loan debt was unpaid for the amount of about $5,000, this is accurate, and the loan was taken out in 2003-2004.

WHEN did you default on that loan?  You may have a statute of limitations defense.  

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2 hours ago, Clydesmom said:

This may have been fatal to your defense.  You essentially admitted the debt was yours and you owe it.

Exactly what judicial intervention are they seeking?  This is not typically filed in debt cases.  It is usually used in Family Court in divorce and custody cases.  When a spouse won't pay the ordered support or is impeding visitation.  

Request for preliminary conference. 

Unfortunately leniency comes into the picture in criminal cases not civil debt issues.  No matter how unfortunate your circumstances the courts only concern is whether or not the debt is valid and you owe it.  Inability to pay is not a defense.  If you cannot pay the balance in full to settle they might be willing to sign a consent judgment where you make payments.   Be very careful with this because if you miss ONE payment they do not have to sue you again they can immediately garnish wages or levy bank accounts.

WHEN did you default on that loan?  You may have a statute of limitations defense.  

In 2004, I was thinking trying to hire an attorney and file for bankruptcy, since I do have another student loan through them- National Collegiate Trust, and fear I may be in this predicament again. They are private student loans, I am unsure they would be removed, when filing bankruptcy? and lastly my mother is the cosigner, I think at this point, I should just try to opt into payments 

 

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