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  1. #1
    Join Date
    Feb 2010
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    5

    Default Being Sued for Student Loan Debt, Statute of Limitations Has Expired

    I applied for a student loan in the summer of 2001. Never finished school and just kept putting loans in forbearance till they ran out in February of 2005. I have not made a single payment on the loan.

    The loan is private not federal at all. I tried to consolidate with other federal loans in the William Ford program, but was rejected because the loan wasn't federally backed.

    SOL for Pennsylvania the state it was signed in is 4 years.

    Now I am being sued by a notorious junk debt collector. Sprechman & Associates. I googled them and they are basically pariahs who knowingly buy junk debt that isn't legally collectible, because 85 to 90% the debtors never show up to contest the lawsuit.

    I have 20 days to respond to the lawsuit. How should I proceed?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Being Sued for Student Loan Debt, Statute of Limitations Has Expired

    If the debt has expired, you would want to raise that as an affirmative defense when you file your answer. You can bring a motion to dismiss on that basis during subsequent court proceedings. Read the rules of procedure for the court you're in.

  3. #3
    Join Date
    Jun 2010
    Location
    Pennsylvania
    Posts
    2

    Default Re: Being Sued for Student Loan Debt, Statute of Limitations Has Expired

    I would like to know what happened with you because it's about to happen to me as well. Also in PA.

  4. #4
    Join Date
    Feb 2010
    Posts
    5

    Default Re: Being Sued for Student Loan Debt, Statute of Limitations Has Expired

    Nothing as of yet. I just submitted my response with affirmative defenses and a motion to dismiss. We will see how it plays out.

  5. #5

    Default Re: Being Sued for Student Loan Debt, Statute of Limitations Has Expired

    Quote Quoting Trueno22
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    Nothing as of yet. I just submitted my response with affirmative defenses and a motion to dismiss. We will see how it plays out.
    Any new developments in this case?

  6. #6
    Join Date
    Aug 2010
    Posts
    7

    Default Re: Being Sued for Student Loan Debt, Statute of Limitations Has Expired

    Quote Quoting KeithDoxen
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    Any new developments in this case?
    I am interested too.

  7. #7
    Join Date
    Sep 2010
    Posts
    16

    Default Re: Being Sued for Student Loan Debt, Statute of Limitations Has Expired

    I am very interested in what happened also. Sprechman here too in Florida, same exact scenario.

  8. #8

    Default Re: Being Sued for Student Loan Debt, Statute of Limitations Has Expired

    While the OP appears to be gone, what he or she may not have counted on is that student loans are often considered to be promissory notes if they meet the definition of negotiable instruments in the state's commercial code, and depending on how much of the Uniform Commercial Code the state has adopted, the SOL may end up being six years for the student loan, instead of whatever it would be for written contracts. Pennsylvania is one such state that adopted this element of the UCC. It appears the OP's student loan debt is still within the six year SOL for promissory notes, meaning that the OP may be SOL on his or her SOL defense.

  9. #9
    Join Date
    Feb 2010
    Posts
    5

    Default Re: Being Sued for Student Loan Debt, Statute of Limitations Has Expired

    Quote Quoting KeithDoxen
    View Post
    While the OP appears to be gone, what he or she may not have counted on is that student loans are often considered to be promissory notes if they meet the definition of negotiable instruments in the state's commercial code, and depending on how much of the Uniform Commercial Code the state has adopted, the SOL may end up being six years for the student loan, instead of whatever it would be for written contracts. Pennsylvania is one such state that adopted this element of the UCC. It appears the OP's student loan debt is still within the six year SOL for promissory notes, meaning that the OP may be SOL on his or her SOL defense.
    Dead wrong. I sent them my affirmative defence and request for all their documentation they had on my loan be it contract, promissory notes, records of transfer sale between companies, etc.. They had till July 31st to comply with sending me that information.

    I have not heard a peep out of them at all. No calls no letters and no more civil summons.

  10. #10
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Being Sued for Student Loan Debt, Statute of Limitations Has Expired

    Quote Quoting Trueno22
    View Post
    Dead wrong. I sent them my affirmative defence and request for all their documentation they had on my loan be it contract, promissory notes, records of transfer sale between companies, etc.. They had till July 31st to comply with sending me that information.

    I have not heard a peep out of them at all. No calls no letters and no more civil summons.
    what do you mean "no more civil summons"?

    you stated they already sued you. Unless they filed to dismiss the suit, it is still an active suit. You must take action to have it dismissed if you believe their inaction allows you that right.

    and if your demand for discovery was not proper, they get to ignore it and and file for a hearing date.

    If you haven't checked with the courts concerning this, you should.

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