| Student Loan Debt Issues with debt arising from student loans and education expenses. |
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06-03-2006, 09:08 PM
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Junior Member
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Join Date: Jun 2006
Posts: 4
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I'm being sued by TERI over a private loan
I just received a summons and complaint to appear in Superior Court (by mail--kind of suspicious-no personal service) from TERI (The Educational Resources Institute) who alleges that they were the guarantors of a private student loan which defaulted in 1995!!!!
What is the statute of limitations on such promissory notes for PRIVATE student loans in CA? TERI is supposedly the largest private guarantor of student loans. So, no this is not a federally insured student loan as I have read about on this forum.
Should I hire a lawyer to challenge this complaint on Statute of Limitations grounds and also probably on the flaky service?
Thanks for any advice you can give me.
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06-03-2006, 09:58 PM
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Senior Member
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Join Date: Sep 2005
Location: California
Posts: 32,460
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Re: I'm being sued by TERI over a private loan
There is no statute of limitations on guaranteed student loans, where the guarantor has an agreement with the Secretary of Education pursuant to section 20 USC 1078(c). See 20 USC 1091a(2)(B).
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06-03-2006, 10:42 PM
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Junior Member
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Join Date: Jun 2006
Posts: 4
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Re: I'm being sued by TERI over a private loan
So, in short, ANY agency that guarantees student loans (federal or private) is exempt from the Statute of limitations on collection of debts owed?
So what do you suggest re: a response? I haven't been personally served. They sent the complaint via mail to a mail drop of mine. Should I see an attorney?
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06-04-2006, 04:41 AM
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Senior Member
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Join Date: Sep 2005
Location: California
Posts: 32,460
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Re: I'm being sued by TERI over a private loan
Any agency which has an agreement with the Secretary, as described above.
You would likely benefit from consulting a lawyer. You can decide through the consultation how you wish to approach the lawsuit, and whether you believe you should hire a lawyer to represent you.
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06-04-2006, 09:11 AM
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Junior Member
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Join Date: Jun 2006
Posts: 4
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Re: I'm being sued by TERI over a private loan
Regarding service of process, I received the compliant by mail to my mail drop. I had a stalker years ago and have used the mail drop as my only address since then. I doubt that the process server can find my home address. Can he do a substituted service to the guy that runs the mail drop?
Thanks and if you can recommend any attorneys who deal with student loan issues in So. Calif. I'd appreciate it.
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06-05-2006, 09:20 AM
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Senior Member
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Join Date: Sep 2005
Location: California
Posts: 32,460
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Re: I'm being sued by TERI over a private loan
If they are unable to serve you in the manner described by the Court Rules, they will get permission from the court for substituted service.
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07-12-2006, 08:41 AM
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Junior Member
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Join Date: Jul 2006
Posts: 1
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Re: I'm being sued by TERI over a private loan
Yes he is correct brief me what happens and why it happened like this 
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