Student Loan Lawsuit Defense
New York Debt Lawyers
The Law Office of Simon Goldenberg PLLC regularly provides defense to borrowers
from student loan lawsuits. Our lawyers provide representation in both
the New York Civil and Supreme Courts. We have assisted many client's
in resolving their private student loan lawsuits brought by lenders, insurers,
and loan guarantors such as
National Collegiate Trust,
Navient,
Sallie Mae,
Arrowood Indemnity,
United Guaranty, Discover Student Loans, Citibank Student Loans,
Wells Fargo, and Key Bank.
Sometimes, the lender will assign a student loan to a
debt collection lawyers in New York such as:
- Forster and Garbus
- Roach & Murtha
- Zwicker and Associates
- Meyers, Saxon, and Cole
- Rubin and Rothman
Trustworthy Attorney Representation
Having an experienced lawyer to defend you from a student loan lawsuit
can help alleviate the fears and anxiety of the reprucussions of getting
a default judgment, which in New York could possibly result in wage garnishment,
bank levy, or even a lien being placed against real property.
Our lawyers can help you ensure that the lawsuit claim is valid. In the
midst of a student loan lawsuit, we can request that the lender provide
copies of the original promissory note, the payment history, and other
relevant account documents. If the debt appears to be valid, our lawyers
can attempt negotiating a reduction via
student loan settlement.
OR CALL: (888) 301-0584
Affirmative Defenses to a Student Loan Lawsuit in New York
There are many potential defenses that can be asserted in an Answer to
a student loan lawsuit brought in the courts of New York. Not all defenses
are applicable to all lawsuits. An attorney can help identify which defenses
are relevant, and may be able to assert additional defenses. Some examples
of affirmative defenses in New York are:
-
Statute of limitations defense (SOL) - In general the statute of limitations to bring a claim for breach of
contract in New York is 6 years from the date of breach. The duration
can differ based on tolling and extensions, and the SOL may be different
if the rules from a different state are applicable. For most federal government
loans, they can attempt to collect the debt beyond the statute of limitations,
and oftentimes, the collections will persist until the debtor is in a
payment plan, has paid the debt, or is deceased and thereby the loan is
discharged.
-
Lack of jursdiction due to a defect in service of the lawsuit documents (Summons & Complaint)
- The New York Rules of Civil Procedure provide different methods of effectuating
service of a lawsuit upon a defendant. Usually the
process server will make at least two attempts at
personal service before attempting to effectuate service otherwise.
Substitute service can be effectuated after attempts have been made by personal service,
and it is usually done by affixing a copy of the Summons & Complaint
on the door of the defendant's residence and then sending an additional
copy to the residence by mail. A process server can also attempt service
by leaving a copy of the lawsuit papers with a person of suitable age
and discretion that is in the residence of the defendant. In order to
commence a lawsuit, the Plaintiff's attorneys would file the process
server's sworn
affidavit of service with the court clerk.
- Plaintiff lacks standing and privity
- Improper calculation of the balance
- Equitable Estopell and Waiver
- Lack of Valid Assignment
Student Loan Debt Defense Lawyer
Pursuant to the New York Rules of Civil Procedure, if you've been served
with a lawsuit on a student loan debt then you have either 20 or 30 days
from the date of service to respond with an Answer. The duration to respond
varies based on whether the lawsuit was served via personal service or
substitute service. Failing to respond timely may result in the entry of a
default judgment, which can result in garnished wages and a frozen bank account. As such,
it is imperative to answer timely and in accordance with the court rules.
In New York City, if a person is self-represented and submits an answer
as pro-se litigant, their case may be put on the court calender for a
conference, hearing, or trial within a few weeks after the Answer is processed.
By having an attorney defend you in you student loan lawsuit, the Plaintiff
would need to take additional affirmative steps in order to put the case
on the court calendar, and your attorney would be able to appear on your behalf.
If you believe that you owe the student loan debt being claimed in the
lawsuit, our new york lawsuit defense attorneys can assert an aggressive
defense and then attempt to negotiate a settlement for a reduced amount
on the "steps of the courthouse", meaning that although the
student debt is being litigated, a negotiation oftentimes ensues outside
of the actual court.
Learn More About Our New York Student Loan Lawsuit Defense Lawyers
OR CALL: (888) 301-0584