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Student Loan Debt

Submitted by on Tue, 09/13/2005 - 08:49
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I was sued July 2005 in Virginia for student loan promissory notes executed in 1992. Information from the plaintiff's attorney (debt collection agency) shows the debt being charged off in 2000. The information then shows that the amounts due under these promissory notes were reissued as new loans in 2000. These are not loans that I took out however, under these loans, the information shows one payment.

I understand the SOL for promissory notes in Virginia is 6 years. Am I being scammed by this debt collector. Is SOL an appropriate affirmative defense to include in the answer to plaintiffs motion for judgment (complaint)?


Hi Ginny,

Most of the student loan issues are dealt by federal laws and there is no statute of limitation for federally funded loans. SOL of your state does not apply on student loans.

So try to discuss with your loan holder regarding this matter and work out some plan for repayment. As your loan is already defaulted, you will lose some repayment options, still a negotiation can solve your problem.

[quote=Ginny]These are not loans that I took out however, under these loans, the information shows one payment. [/quote]
You can ask for a validation if you find any discrepancy in their demand.

Regards
Bryan


Submitted by 4u.bryan on Tue, 09/13/2005 - 11:06

4u.bryan

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I should have mentioned that the loans are Law Access Loans (LAL) which are private loans - although I think they are guaranteed by the federal government. Does this make any difference? Thanks for you help and thoughts on this.


Submitted by on Tue, 09/13/2005 - 11:48

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Ginny,

There is controversy regarding the statute of limitation for private student loans. Some experts are saying that private student loans are like general loan taken from any bank or a financing company. In that case SOL is applicable to private student loans.

Any lawyer from your state would be the best person to guide you in this matter.

Regards,
Bryan


Submitted by 4u.bryan on Tue, 09/13/2005 - 14:05

4u.bryan

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For the past 20 years the IRS has kept my refunds due to me because of an old student loan. I was informed this week that now my wages were to be garnished for this same debt. I would think that after 20 years of keeping my tax returns my debt should be settled. What can I do or who could I contact about this.


Submitted by on Fri, 12/12/2008 - 17:35

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You are more than likely with the US Department of Education. You should know as you agreed to keep your guarantor informed of your current address...mail is sent out regularly.

Being an old loan, you probably have a higher interest rate. Your interest accrues and then capitalizes on itself. Plus collection and subrogation fees. Plus you pay for the privelege of having your taxes seized.


Submitted by SOAPLADY on Fri, 12/12/2008 - 22:45

SOAPLADY

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