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  1. Your name, and whether there is anything filed with the courts Sent from my SAMSUNG-SM-G890A using Tapatalk
  2. Check the courts around your Old NY address. Sent from my SAMSUNG-SM-G890A using Tapatalk
  3. Doc's SOL might trump Ohios. New York's might as well, since that's where you lived when it defaulted. Someone with more experience on that might be able to answer. As for whether your loan is a private or federal student loan, did you get it through the school, or did you go directly to Key West to get it? The best way to know for sure, is to get on the nslds.edu site. It will list all of the federal student loans you have, and their status. If this loan is not on there, then it's a private student loan. If it's a private student loan, then it's the same as any other debt. As for it being dischargeable or not, again, a bankruptcy attorney can advise you on your specific circumstances. We can only tell you that there's a possibility, one with a higher likelihood of being dischargeable if it's private. Sent from my SAMSUNG-SM-G890A using Tapatalk
  4. You are correct Centex. There are some schools who will also give out loans, and those are considered like federal loans, but that's not what this one sounds like. IMO, AES is one of the most inept servicers. If you had a 20 year repayment term, how is there still a balance? Do you have any records still of this loan, especially the original contract, and paperwork from the end of the term? Sent from my SAMSUNG-SM-G890A using Tapatalk
  5. When did you take out the loan? We're you living in Ohio when you took it out? When is the DofD? Who was the OC? From what I googled pn Ohio private student loan SOL, contract SOL is 8 years, but the courts see PSLs as commercial paper, which is 6 years. There were some changes to SOLs in Ohio a few years ago, so when you took it out could affect SOL. Also, SOLs for these loans depends usually on what state it was taken out in. How long ago you defaulted, and who the OC was (as well as the CA) could help gauge the likelihood of a lawsuit. They have to sue you before getting a judgement and garnishment. Finally, a PSL can be included in bankruptcy. There have been misconceptions that they can't, because it's a student loan. PSLs are not federally guaranteed, so they cam be discharged, like a private loan. A bankruptcy attorney would be able to advise you on your situation. Sent from my SAMSUNG-SM-G890A using Tapatalk
  6. No problem. The consolidation process can still take up to a couple months, so get started on it asap. Sent from my SAMSUNG-SM-G890A using Tapatalk
  7. How many student loans do you have? Rehabbing the loans would be best for your credit, but you'd still be paying the garnishment at the same time. Also, since your loan(s) defaulted, any tax return you receive, will be taken in an offset. If you have 2 or more federal loans, you can consolidate them. The defaulted loans will still show on your credit report, but consolidating will put them into a new loan. They will also consolidate them into an income based repayment (IBR) plan, were your payments may even be $0 a month. Some things may have changed the last few years since I did mine, and we don't know the specifics of your situation. These are the two options I had when I went through it 3 years ago. Rehab is better for your credit in the long run, but finances might be tight for awhile. Consolidation is quicker, but your credit will take years to recover. Sent from my SAMSUNG-SM-G890A using Tapatalk
  8. I don't have precise examples. Considering they haven't sued you yet, they may not. I believe most of the cases that was granted the 5 year SOL had more to do with how was the promissory note signed. Many of the cases I saw were thrown out, more for lack of documents (National Collegiate Trust). Discover is one of the better servicers as in They keep a decent paper trail, will try to work with you, and usually keeps things in house instead of sending it to a CA. With that being said, though, Discover usually sues. Granted, most of my data is over c.c. delinquencies, not private student loans. Discover is one of my defaulted ones as well, and I haven't heard much from them. I'm wondering, with IL suing a few of the student loan companies, if they are also laying low to see which way the lawsuits go. Sent from my LG-M150 using Tapatalk
  9. Off the top of my head, I can't. I came across the information a couple of years ago when doing my research on National Collegiate Trust. The tradeline will come off your report at 7 years, regardless of how much time you have left with the SOL. I STRONGLY recommend keeping all copies of your credit report, because some servicers will re-age the account. Yes, it's illegal, but unless you have copies of your report, how can you prove otherwise? Sent from my LG-M150 using Tapatalk
  10. I'm in IL too, and there have been successful arguments on a 5 year SOL on private student loans. However, YMMV. Who did you get your loans through? Sent from my LG-M150 using Tapatalk
  11. My strategy won't help. They sent an equally shady CA after us, and we got a lawyer. After one conversation with our lawyer, they dropped the tradeline off my report. They later got another CA, but so far, it hasn't showed back up. By the end of this year, it'll be too old to put back on my report anyways. You can ask them for documentation, but whether they send it to you is another matter. The Missing documentation argument is usually used if it goes to court. As to whether it can be used to get it off your reports, if you're still in SOL, it could trigger then to take you to court. Hopefully, someone else who knows about how missing documents work on getting tradeline removed will chime in. Sent from my LG-M150 using Tapatalk
  12. The SOL for Georgia is 6 years. CA is 3, I believe. If we went off that, you should be past SOL this year. However, it sounds like they did the same to you, as they did me, and put you in forbearances and deferments until you ran out of them. The problem is proving you never requested them. The best advice I can give you at the moment, until I do more research, is ignore them. I was only able to get one of their tradelines off my report so far, but that was only with the help of a lawyer. Sent from my LG-M150 using Tapatalk
  13. Just read the original post. I have dealt with AES for years, so hopefully I can help. When did you graduate/leave school? AES is known to use shady tactics. With me, after I graduated, they automatically started putting me in forbearance and deferments, and I never asked for them. The only time they tried contacting me for payment, I was still in school. They are a servicer, not an original creditor. Also, many of the loans they service, were guaranteed, even though they are private loans, not federal. Mine started with Chase, then transferred to National Collegiate Trust. I defaulted with them in 2007, and it was paid out by T.E.R.I, which is now defunct. I went back to school in 2008, graduated in 2011, and they keep reaging the debt on my report. There are many reasons they're being sued. I hope this helps give a little background on AES. In your case, it sounds like they automatically put you in deferment every year, like me. So, when did you graduate, and what state are you in? Sent from my LG-M150 using Tapatalk
  14. Is it a federal or private student loan? Sent from my LG-M150 using Tapatalk
  15. Private student loans vary from state to state. Here, in IL usually are considered written contact, which is 10 years. However, there has been successful arguments cutting it down to the 5 year SOL (such as cc). What state are you in? Sent from my LG-M150 using Tapatalk

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