Served for defaulted SL - what should I do?

[RacerX780]

I was recently served for a defaulted SL. The complaint says U S of A vs. Me..

 

 

Amount is a little over $10k.

 

 

Any input would be welcomed....

 

My first question... this has been going from CA to CA... I am not employed, so they can't garnish my wages. My plan was to rehab the loan, but I'm not quite able to start that. (I honestly just thought it would bounce around a little more and I had planned to start that this summer)

 

Is it too late to rehab it? I got a dunning letter from the CA about a month ago.. and then this summons. I did not DV, since they have validation, and like I said, it just keeps getting passed around when I do send out DVs.

 

 

If it is too late to rehab it - oh well I guess.

 

The lawfirm/CA is asking for 30% for attorney fees, which I think is way too freaking high. So if I can't rehab it, I definitely want to knock that out. Do state laws, or DOE guidelines come in to place here?? I'm sure they put what they want, cause left unchallenged they'll get it.

 

 

 

Looking over the complaint... the Attorney/CA signed it - Attorney for the USA. ??

 

 

It notes the FDCPA Act 15 U.S.C. Section 1601 as amended... I've never even heard of 1601. Is that new?

 

 

The summons has the law firm/CAs info... v. me. the complaint has US of A v. me..

 

 

 

I think that's about it for now...

 

 

Help!

[LynnInMN]

I was recently served for a defaulted SL. The complaint says U S of A vs. Me..

 

USA funds??

 

Amount is a little over $10k.

 

 

Any input would be welcomed....

 

My first question... this has been going from CA to CA... I am not employed, so they can't garnish my wages. My plan was to rehab the loan, but I'm not quite able to start that. (I honestly just thought it would bounce around a little more and I had planned to start that this summer)

 

Is it too late to rehab it? I got a dunning letter from the CA about a month ago.. and then this summons. I did not DV, since they have validation, and like I said, it just keeps getting passed around when I do send out DVs.

 

 

If it is too late to rehab it - oh well I guess.

 

The lawfirm/CA is asking for 30% for attorney fees, which I think is way too freaking high. So if I can't rehab it, I definitely want to knock that out. Do state laws, or DOE guidelines come in to place here?? I'm sure they put what they want, cause left unchallenged they'll get it.

 

Collection fees are normally 24% so attorney fees at 30% is not unreasonable.

 

 

 

Looking over the complaint... the Attorney/CA signed it - Attorney for the USA. ??

 

 

It notes the FDCPA Act 15 U.S.C. Section 1601 as amended... I've never even heard of 1601. Is that new?

 

 

The summons has the law firm/CAs info... v. me. the complaint has US of A v. me..

 

 

 

I think that's about it for now...

 

 

Help!

[RacerX780]

US of A as in United State of America.

 

 

Which maybe that's correct... I dunno. Just seemed kindof odd.

 

 

Is it too late to rehab it?

[biznizkartel]

bump

[LynnInMN]

Who do you owe?? USDOE? Is this a private or federal loan?

[RacerX780]

Who do you owe?? USDOE? Is this a private or federal loan?

 

Sorry for the delay.. pc troubles.

 

It's for the US DOE, so federal loan.

[RacerX780]

Ok... so I haven't heard from the CA or the court... I was in the area today and stopped by the courthouse to have them pull the complaint.

 

Nothing had been filed under my name.

 

They said to call back with the docket #... I'll give them a call tomorrow.

 

Anyhoo - I check the complaint and summons just now... and there isn't a court location... It just says "District Court for the District of My State".

 

 

All of the complaints I've filed in district court and federal always have a stamp.. this does not. And like I said, no location other then the state.

 

 

It's bogus. So I'll call and record the convo with the court to verify that there isn't anything filed against me...

 

I gotta call the CA to rehab it.. but I might put a call into the DOE first and tell them what these guys are doing first... see if I can get it someplace else.

 

I'll rehab it.. and then file against them for FDCPA violations.