First you sue me, Now you dont want to go to court?

I lost my post so I am reposting \"SORRY\": ). A few months ago, I was served with a citation saying that I was being sued by a debt collection agency for an 8 yr old, unsercured, private student loan. I attempted to speak with the debt agency but they said, \"I have no job, no money, and that they can\'t help me, and will see me in court and that they suggest I get an attorney.\" Well, I decided to atleast respond to the court and so I filed a response to the citation and let the courts know the date of the loan, and that I had never paid on it in 8 years, and thaT I believe it was pass the Texas SOL, and that they probably were never supposed to sue me in the first place. Well, speed up to to this week,I recieved a letter from the debt collection agency saying that they have assigned a new lawyer and want to negotiate without setting a court date and that they want to avoid having to set a court date and appear in court, which is strange considering they sued me and before I responded to the court house they were adament about winning! I think they did not expect me to either respond to the citation, or they realize I have no money. I am not speaking to them because if they made me suffer this long then I will just appear in court if they decide to set a date. Also, I reported them to the District Attorney months ago for a possible violation against me because a guy from a law firm sent me a letter claiming to want to represent me in this case but it turned out he was the lawyers mentor/slash debt collection trainer and he said that I would never win against her because he trained her. I am now wondering if the District Attorney is hot on their trail and this is why they want to avoid court? I dont have a clue as to what is going on? Does any of this make sense to you? Why sue and refuse to negotiate but after I filed a response they want to negotiate outside of court? Any suggestions>? It makes no sense.

5 Answers

The fact that you took it out 8 years ago is irrelevant.  Your inschool time and grace period doesnt count. First payment date doesnt count either....the clock starts to tick from your default date.  Here is the catch......with the loan being sold with the different portfolios, no one may have declared you in default until recently.   Technicially  it should still be on your credit report.  I have heard of this happening...it is rare and the individuals took the opportunity to settle on the accounts.

How to Deal with Illegal Loans..OhioGal's Primer
http://www.debtconsolidationcare.com/paydayloan/dealingwith-illegallenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.

SOL for all states
http://www.debtconsolidationcare.com/statute-of-limitation.html

first payment was due to the original creditor back in, 2005. The bank that owned the debt failed and was taken over by another bank. The second bank sold it to another company and it stayed with that company for several years and was finally taken off of my report. However, after it dropped off,  I was sued by this new debt collection agency. I have had so many letters claiming to own this very debt. I just dont know who to trust when they all claim it? I never made a payment in 8 years and the first payment was due in, 2005.


They dont care about your situation....the guarantor sets the guidelines and for private student loans loans it is to sue. It they have assigned a new attorney, he just may be backlogged and is trying to settle out of court to lessen his time in court, lighten his workload.

 

Did you figure out when you actually defaulted?

How to Deal with Illegal Loans..OhioGal's Primer
http://www.debtconsolidationcare.com/paydayloan/dealingwith-illegallenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.

SOL for all states
http://www.debtconsolidationcare.com/statute-of-limitation.html

Why would they want to avoid court all of a sudden? They were so strong in their stance before about winning and now they dont want the courts in it at all. Thats strange to me. Yes, I know my personal sitatuon is not taken in consideration, I was just asking if there was a possible reason they would now all of a sudden want to avoid court after going through the entire process? I phrased it wrong when I made it look like my personal situation was taken into consideration when I meant to say what was their point? I know they dont care! LOL...


The SOL for student loans goes from the default date.    Default occurs  after 6 months of non payment....you do not take into account periods of inschool deferment or grace periods.

 

The fact that you have no job or money now is really irrelevant....judgments can lasdt up to 20 years....they looking towards the future.

 

How to Deal with Illegal Loans..OhioGal's Primer
http://www.debtconsolidationcare.com/paydayloan/dealingwith-illegallenders.html
PDL's are ILLEGAL in the following states...
AR, AZ, CT, GA, ME, MD, MA, NJ, NY, NC, PA, VT AND DC
OH AND NH have very restrictive low cost interest rate laws.

SOL for all states
http://www.debtconsolidationcare.com/statute-of-limitation.html

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