Jump to content


  • Content Count

  • Joined

  • Last visited

Recent Profile Visitors

243 profile views
  1. I won't post in here anymore, this place is bringing me down. I have debt to deal with so excuse me while I take a hike. Not supportive of women debtors, not even from other women. Goodbye.
  2. Never benefitted from my education as I became disabled shortly after being accepted into the program and had to quit also.
  3. Hi Why Chat, Thanks very much for your insight. I will try to answer your questions as best as I can and THANK YOU for bringing up the credit card SOL argument. Even if it's a long shot (for myself to sue on my own), I would like to try it. It looks like my last payment was on Oct. 28, 2016. I did stop making payments in March of 2016 for 6 months but made small payments again up until 10/28/16--so that would be my date of default right? Unless 3/2016 could qualify? Now I received a letter on Feb 2018 from the bank stating that "This letter is in respons
  4. And yes, the loan was used for an accredited school. Unfortunately.
  5. Thank you Why Chat for your response. I was living in NY when I defaulted on the loan in 2016. But I moved to OH and have been living in OH since 9/2017. Does the NY statute still apply even though I am an OH resident now? OH is where the issuing bank is also located. NY is where the debt collector agency is located and where they are contacting me from. The promissory note reads: "N. ADDITIONAL AGREEMENTS 2. I understand you are located in Ohio and this Application/Promissory Note will be entered in Ohio. Consequently, the provisi
  6. @Why Chat, please see my post above? Thank you! Your response would be greatly appreciated!
  7. WhyChat, Is this a question you might be able to help with? Which SOL would apply on a private student loan (a private student loan promissory note is commercial paper as I have been told in this forum)---the state where I took out the loan (DC), the state where I reside (OH) or the state where I defaulted (NY)? It seems that the FDCPA states that the "venue" must be either the state where I took out the loan or the state where I reside: "15 USC 1692i § 811. Legal actions by debt collectors (a) Venue Any debt collector who brings any legal action on a debt
  8. You might qualify for free legal help in your situation with Legal Aid? Please let us know if you are able to argue the SOL of credit as being 3 years by following the argument WhyChat provided.
  9. @hangloose I am in the same boat as you but my debt is a private student loan. What I am planning on doing is to debt validate them to get as much info as I can about the status of my loan and to ask them what the SOL is--they apparently are required to provide this information. Any negotiation I have with the debt collector will only be in writing on my end; if they offer me any kind of settlement, I would want that in writing. I heard one lady offer $1K to a debt collector on a $18K loan (Dave Ramsey show). So they were going to go back and forth and Dave Ramsey said to h
  10. Can a case be dismissed for not having proper personal jurisdiction if I no longer live in the state where I defaulted? I found this law which states that in NY, there is personal jurisdiction for NY courts to hear a case if a "tortious act" occured there. Would defaulting on my loans there be considered a tortious act if I continued to not pay on my loans in a different state, OH? This rule is CPLR 302 a: " (a) Acts which are the basis of jurisdiction.  As to a cause of action arising from any of the acts enumerated in this section, a court may exercise person
  11. The dates that I took out my loans were 1996 and 1997; I've tried looking this up but the amendments to the Higher Education Act where this is mentioned are really complicated...there are other acts as well; not too sure I understand how the laws changed.
  12. I think this is a good question because if you don't live in a community property state, I don't see why any assets under your wife's name would be fair game, Centex, do you? What is the 3M debt from, I wouldn't in my lifetime want to acquire such a debt. I would definitely work on your wife's credit. How long is the Statute of Limitations in your state for judgments? Can anyone explain how judgments work; how long they can be enforced? Some states say it is 15 to 20 years, but then they go dormant and are re applied. How does one get out from under a judgment?
  13. I just now saw your message so I apologize for the delay in responding.
  14. The only mention of jurisdiction in my promissory note is that if I brought a lawsuit, it would have to be in Ohio; but there is nothing in the loan that mentions where they would bring a suit. Now, you are stating state regulations but in a case where a diversity of jurisdictions apply, would they apply federal rules of procedure or wouldn't federal rules such as the FDCPA apply?
  • Create New...

Important Information