[any_advice]

Currently living in VA, and have a defaulted student loan (not federally funded/insured) from 1999. My last payment was in late 2004 or 2005 and same CA just contacted me at work to ask for payment.

Background: the original sheet i signed for the loan stated I'm responsible for payment a year after graduation w/ interest of 12%. I signed that sheet (before the loan was disbursed). It wasn't until later that the school let us know the interest was already adding up from the date we borrowed the money (about 5-7 other classmates took this loan). I never received the second letter listing the payment schedule w/ the interest already included so therefore they don't have my signature agreeing to those terms created after the fact. I didn't make payments until it went to collections, but first I had asked in writing how the interest was figured out to come up to the total the CA was asking for -- I never got a response, just another letter asking for full payment. I decided to pay for a few months, then I stopped getting bills so I stopped sending payments. That was about two years ago, and now the CA is asking for payment again.

I want to send another letter to ask for clarification since the total amount they say I owe is more than what I was told it would be w/ the interest. So I feel the amount they say I owe is not valid. So far my CR is clean and everything is in good standing, but I did see the CA had requested by CR a few months ago, even though I had never authorized it.

My question is: Will sending a dispute of validity letter and writing to not call me at work make the CA go ahead and sue me? Can they still collect on this debt since the loan originated in 1998 and last disbursement was in 1999? The last payment I sent was either late 2004 or early 2005 so I don't know if that makes a difference in regard to statute of limitations?

[Mr. Knowitall]

Whether or not the collection agency will sue you will depend upon their internal policies. As the default occurred only a couple of years ago, they are entitled to pursue the debt.

[any_advice]

Whether or not the collection agency will sue you will depend upon their internal policies. As the default occurred only a couple of years ago, they are entitled to pursue the debt.

Thanks for the reply. Would I go by the SOL of the state I live in now, the state where I lived when I took the loan, or the state where the CA is located? I'm debating to get an attorney now, or try the letter of validation first. I just don't want to get myself in a deeper hole since I was so naive back when I took this loan. I wish I had gotten the details of this loan before accepting it. Any advice you can give me is appreciated.

[seniorjudge]

The original note will tell you which state's laws govern.

GENERALLY (and this is a guess) it's where you signed the note.