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  1. #1
    Join Date
    Oct 2010
    Posts
    2

    Default Collections on 12 Year Old Private Student Loan

    My question involves collection proceedings involving 3 states:
    University: RI
    Collections agency: MA
    Me: CT

    Thanks in advance for any advice given, and I apologize if this has been covered elsewhere.

    In 1998, I took out a private loan to attend Johnson & Wales in Rhode Island. I quickly left the school and defaulted on the loan. I received sporadic correspondence from a J&W lawyer regarding the debt over the years. After a lull, a collections agency has called my cell phone twice, and sent a letter demanding payment of the balance, with interest now about $6000 (the original '98 balance was about $2000.) I have never returned any correspondence regarding the debt, and it does not appear on my credit report.

    The sol on debts "under seal" is 20 years in RI. I have always lived in CT (except for the 3 months at J&W). I'm unsure which sol applies. My #1 goal is to never pay this debt. It would be nice to stop the calls as well, but I'll be happy with #1.

    Again, thanks for any help. I am getting nervous about these calls. I'm going to dig out the original loan paperwork tonight and look it over.

  2. #2

    Default Re: Collections on 12 Year Old Private Student Loan

    Are you willing to negotiate a settlement? If what you say is true, it sounds like the debt collector is violating the FDCPA by threatening to sue on a noncollectable debt. Or are they really trying to settle with you? Get an attorney in CT. You need to know whether CT treats SOL as a procedural or substantive law issue. I'm sure that your "paperwork" will show that RI is the "choice of law." Those are two different issues, but only a local attorney, before a local judge, can give you the answer you want. Since you haven't been sued, you can wait, but if you want to be aggressive and stop the phone calls, then you should contact a local attorney.

  3. #3
    Join Date
    Oct 2010
    Posts
    2

    Default Re: Collections on 12 Year Old Private Student Loan

    Thank you for the thoughtful reply. My choice of words was poor - no one has threatened to sue (yet); at this point they have only attempted contact via phone and informed me of the current balance due by mail. I have no idea if they are planning to sue.

    I'll call an attorney. I'd rather not settle, but if I must I must.

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