Ambrcat14

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.

@IndyPoolPlayer Thank you, I'm sure you are PERFECT

Never benefitted from my education as I became disabled shortly after being accepted into the program and had to quit also.

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 response to your recent request for documentation pertaining to the financial activity on your loan(s)." Were they trying to reset the SOL by writing this to me and does this reset the SOL by implying I "communicated" with them about "my loan"? I have disputed the validity of the loan in every conversation bc I thought the term of the loan had expired (I was wrong). Why Chat, should I not dispute this loan or try to validate this loan---in order to avoid a lawsuit at this time? The loan amount is incorrect because the school had refunded a portion of the loan back to the lender but they are sending me to collections for the full original amount? I just got my first collection letter from a CA this month (so it's been a little over 3 years since I defaulted). Lastly, are you saying that the NY SOL trumps even the 3 year DC SOL which under the FDCPA is a SOL that would be considered because that is where I originally transacted on this loan? Or finally, how would I argue that this is a consumer transaction even though I signed a promissory note--are there any precedents you know of that might help. I know these are a lot of questions to ask; I'm really confused about this situation especially if I have to represent myself ----I am freaking out really, very much lost on how I would do such a thing---my legal research skills are not very good and I'm pulling up a lot of contradictory information. Very much lost. Thanks very much for your responses. I so want to get over this debt; it's been close to 23 years now and I'm disabled.

And yes, the loan was used for an accredited school. Unfortunately.

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 provisions of this Application/Promissory Note will be governed by federal law and the laws of the State of Ohio, without regard to conflict of law rules. I agree that any suit I bring against you (or against any subsequent holder of this Application/Promissory Note) must be brought in a court of competent jurisdiction in the county in which you maintain your (or the county in which the subsequent holder maintains its) principal place of business." Given this provision in the promissory note, would I be sued according to federal laws of the FDCPA (with the ability to use the DC shorter statute of 3 years since that is where I originally made this transaction) or according to OH state laws? Also, are promissory notes considered commercial paper or written contracts? I believe there is a shorter 6 year SOL for commercial paper in OH vs the 8 year SOL for written contracts in OH--that's why I'm asking which of these instruments it would be considered.

@Why Chat, please see my post above? Thank you! Your response would be greatly appreciated!

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 against any consumer shall -- (1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or (2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity -- (A) in which such consumer signed the contract sued upon; or (B) in which such consumer resides at the commencement of the action." For some reason, NY statutes have some kind of rule that an action (or court case) can take place where the "tortionary" act took place (which I assume is where the 'tort' or 'default' took place, which in my case would be NY)---can't remember where I saw that rule. But the FDCPA is a federal act and should have more standing than a statute right? I'm lost.

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.

@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 have fun with it. I'm not having much fun with my debt but I am doing a lot of reading and learning a lot. Best of luck.

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 personal jurisdiction over any non-domiciliary, or his executor or administrator, who in person or through an agent: 1. transacts any business within the state or contracts anywhere to supply goods or services in the state;  or 2. commits a tortious act within the state, except as to a cause of action for defamation of character arising from the act;  or....etc etc" The Fair Debt Collection Practices Act states that venue should be where a person resides or where they signed their credit contract. I would like the court to consider my case under DC statutes where my SOL would be up after 3 years.

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.

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?

I just now saw your message so I apologize for the delay in responding.

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?