The New York Times published this article which does a great job of covering major issues that can be very helpful when dealing with a private student loan collection lawsuit.
The major headings they focus on are:
The creditor cannot prove that it owns the debt.
The creditor’s business records are not admissible.
The debt is beyond the statute of limitations for collection.
The creditor is not licensed to do business in the jurisdiction.
In my experience the reason consumers lose in a lot of these lawsuits by private student loan lenders is simply because they never defend themselves and lose by default.
Getting good legal help is always an advantage to a consumer who is not experienced in the technicalities of the law. If you find yourself on the wrong end of a private student loan lawsuit, get professional assistance.
One place to look for an experienced student loan attorney is right here.
Most of the examples in the New York Times article surround National Collegiate Student Loan Trust loans which are especially messy to validate or prove.
“When courts ask creditors to provide additional documents, or produce witnesses to testify about their claims, the creditors often simply withdraw their lawsuits, according to borrowers’ lawyers.
“It’s a numbers game,” said Jay S. Fleischman, a lawyer for borrowers in student loan collection cases. “If they can’t win or settle these cases quickly, they often dismiss them. I have never had a student loan collection case go to trial, ever.”