Student Loan Lawsuits
Although the federal government has numerous collection tools that can be implemented without obtaining a court order, lawsuits against student loan borrowers still occur. Of course, lawsuits are the primary tool that private lenders use to collect defaulted loans. It is common for both the government and private lenders to retain debt collection agents to pressure borrowers into paying.
If you are served with a lawsuit by your student loan lender, it is imperative to contact Leiderman Shelomith Alexander + Somodevilla, PLLC as quickly as possible. You have a limited amount of time to respond and if you fail to do so, a judgment may be entered against you. Once a judgment has been entered against you, the lender can begin using special collection tools to try to collect the debt.
As soon as you contact us, we will review your situation and determine all of the available defenses available to you. Some of the possible defenses that may be available to you include:
- Your payments were not properly credited to your account
- You are in the military and your special rights are not being honored
- You do not owe the debt or your loan documents were forged
- The lender is attempting to collect more than you owe or that you agreed to pay
- You have discharged the debt in bankruptcy
- The lender has waited too long to file the lawsuit against you (if a private student loan)
- The plaintiff cannot establish that it is the owner and holder of the debt
Once we have responded to the lawsuit, we will begin negotiations with your student loan lender. Many times the dispute can be settled, a manageable repayment plan can be worked out, or the lawsuit dropped.
If you have been served with a lawsuit, don’t ignore it! Contact us to schedule a no-cost consultation and obtain the help and guidance you need.
Please keep in mind that every matter is different. If you have questions about your student loan debt and you would like to schedule a no-cost consultation to discuss your options, please contact our office by completing the form on this website or by calling us at 954-920-5355.