Oftentimes people have no idea they are about to be sued when they learn that they have a student loan debt lawsuit filed against them. Receiving the actual lawsuit can be very intimidating. The attorney (or team of attorneys) for your student loan lender is well versed in debt collection laws. Once a suit is filed against you, it is rare for the problem to just simply disappear. Your best defense in winning a private student loan lawsuit is to be well informed, whether that is through educating yourself or hiring a debt relief attorney to fight back and possibly save you thousands of dollars. And, as I will explain further, you can also try to settle your student debt lawsuit before it goes to trial.
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Tips For Defending Yourself In A Student Loan Debt Lawsuit
If you do decide to handle your student loan lawsuit on your own, you need to be aware of how the process works:
- File a proper response to the lawsuit. The first notice you receive about a student loan debt collection lawsuit is likely to be the “Summons and Complaint,” which outlines the claims against you. It’s essential that you file a response to this document with the court. You want to avoid having a judgment against you automatically, which is known as a default judgment.
- Ask for proof of the debt. The plaintiff has to prove the allegations against you in order to win the case, so you should request that your student loan creditor provide evidence of the claims for the student debt lawsuit. The plaintiff may not have the necessary proof, which may open the door for settlement.
- Determine whether the lawsuit complies with the Statute of Limitations. A creditor does not have an unlimited amount of time to initiate a lawsuit to collect a debt. In California, they must file the lawsuit within four years from the date the debt became due – a time period known as the Statute of Limitations. You can defend a debt collection lawsuit by showing that the plaintiff did not file the lawsuit within that amount of time.
- Contest improper service. There are certain requirements that the plaintiff must meet in terms of notifying you of the lawsuit. In general, you must be served with the Summons and Complaint by a police officer or other official at the place of your normal residence. If you were not, you may have a defense based on improper service.
- Fight the debt collection lawsuit with a counterclaim. You may have a claim against the plaintiff debt collector if they’ve acted in violation of the law, especially the Fair Debt Collection Practices Act. The FDCPA allows you to recover attorneys’ fees and costs if the plaintiff does not comply with its provisions.
Student Loan Debt Lawsuit Help
Stay Tuned for Part 2 of our “How to Win a Private Student Loan Debt Lawsuit” blog series where we will discuss “4 Tips for Settling Your Debt Lawsuit with a Debt Settlement Before It Goes To Trial”
If you or someone you know needs professional help with a student loan lawsuit in San Diego, the state of California or Texas contact the Gamez Law Firm at 858-217-5051 or use our online contact form and we’ll be happy to guide you in the right direction. We offer Free initial consultations!