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:

  1. Forster and Garbus
  2. Roach & Murtha
  3. Zwicker and Associates
  4. Meyers, Saxon, and Cole
  5. 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.


Our lawyers defend people from student loan lawsuits!

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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:

  1. 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.
  2. 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.
  3. Plaintiff lacks standing and privity
  4. Improper calculation of the balance
  5. Equitable Estopell and Waiver
  6. 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


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OR CALL: (888) 301-0584


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New York Debt Collection Defense Attorney

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Law Office of Simon Goldenberg, PLLC
New York Debt Collection Defense Attorney
818 E 16th Street,
Brooklyn, NY 11230
Local Phone: 347.389.0245
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.