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Everything posted by Ambrcat14

  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 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.
  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 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.
  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 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.
  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 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.
  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 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.
  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?
  15. Hi Centex, I took this loan out in DC where the statute of limitations is 3 years and the rules of the FDCPA state that the SOL of the state where you sign apply to the loan OR the state where you reside. I spoke with an attorney who said they could raise this as an objection at a hearing if I am sued in the state where I live but that it would be hard....
  16. Thank you Centex, that's a good point. I will and should look into it; will keep you all updated.
  17. Thank you Tralston, what do you suggest I look for in the court system, thank you
  18. Tralston, the name of the Credit Agency is Capital Management in Buffalo, NY if you have heard anything about them...date of default was the end of 2016, I'll look up the exact date.
  19. Thank you Tralston and Centex for your helpful input!
  20. Hi Tralston, Thanks very much for your input. I hope DC's SOL trumps all of them. To answer your question about whether this is a private loan, it is not listed on the nslds.edu site. I spoke with a couple of attorneys in OH and they both said the private loan is not dischargeable in bankruptcy unfortunately. If there is any loophole about the loan being dischargeable, I haven't found it yet but plan on talking with a DC lawyer on Monday--I'll let you all know what she says. Idk. There are so many ways this could go. Crossing my fingers. Thanks very much again
  21. I also don't know if the OH SOL of written contracts prior to 2012 (I signed the loan in 1996 and the promissory note says that if I sue Key Bank that it must be in OH) has a SOL of 15 years versus 8 years that it was changed to in 2012 by the governor. Tralston, you mentioned, " 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. " Does it mean that my SOL could actually be 15 years because I signed the PSL in 1996? Could DC SOL of 3 years wipe away their ability to sue me or take legal action? Thank you! TIA! Otherwise, I would be stuck with legal action threats for 15 years plus if they pass judgment, 15 years of the threat of judgment!
  22. I keep forgetting to save the links where I read the information but I found an article on google scholar that stated that if you get a tax break for interest on any loan then it's considered a student loan and is nondischargeable. I would like to find out why you both think this loan is dischargeable. How do I find out if it is federally guaranteed for example, Centex, thank you for the information. Tralson you're right about the balance issue on this loan---in twenty years, I didn't even touch the principal amount. I do have records of this loan, the original contract and a record of a charge off by Key Bank. The loan promissory note says I should repay this loan plus interest in full in 240 months, plus if there is interest left over that they would increase the monthly payment amount owed. It is my understanding of the promissory note. I spoke with lawyers about this and they don't seem too concerned about the amount not being accurate because they say interest and collection efforts would tack on a lot more if I let this go into default and collected by a collection agency. Plus all these consumer lawyers just sound interested in cutting a deal with the CA, not litigating or providing any info about the SOL, The FDCPA states the following about adding interest, fees or expense "incidental to the principal obligation": §1692f. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. The FDCPA also states that: §1692i. 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. The lawyers in OH keep telling me the venue is for OH (probably bc they want to make money off this and take my case) and another lawyer in DC told me the jurisdiction was DC but "it depends" whether the DC SOL was up already (3 years, which I am past for DC). My question is whether I could use the DC SOL to argue that the CA can no longer bring an action against me since the SOL of where I signed for this loan is up....sorry for the long account.....I'm really unable to keep paying on this loan after becoming disabled. I am a shell of a person now with all of these loans, medical debts and as I keep getting older, I worry so much about the future. TIA
  23. Hi Tralston, I took out the loan in 1996 in Washington, D.C. I was not living in OH when I took out the loan. The original creditor was Key Bank, serviced for many years by AES until 2016, when Key Bank took back the loan and after I disputed the validity of the loan (because I thought the repayment term was over--20 years), I never heard from them again until this Credit Agency sent me a letter in the mail from NY where they are located. The default happened when I was living in the state of NY, right before I moved to OH. I had no idea that a Promissory Student Loan (is that PSL) can be included in bankruptcy. Thank you for pointing that out. I will call back a bankruptcy lawyer and see what they say. I think I just read online that loans taken out from non for profit schools (mine was) cannot be discharged in bankruptcy....if I find the link I will post it in here. Thank you for responding. I hope there is something I can do to protect myself from the worst---wage garnishment, interest charges etc etc.
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