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I’m Being Sued Over My Private Student Loans in Florida

By on February 12, 2015

“Dear Steve,

I graduated college in 2006 with an incredible private student loan debt. After working for over a year with the company I simply could not afford their ridiculous payments, I tried everything I could.

In the end the loans went into default and I’m sure were sold several times over since. I have always kept up my federal loans as I know the implications with those.

Over the years I have been harassed multiple times by multiple company’s in regards to collecting this massive student loan debt.

Today, I received a summons from a court processor in regards to my student loan debt, well I received a note attached to my door in regards to it. I think my first thing to do is contact them and be served but I know that it must be in regards to this because I have no other issues that it could be.

I know that a statute of limitations has been listed in some defenses but where does this have me standing and who can I contact in Florida for good legal advice?

I had every intention of paying my back debts for student loans but the mountain kept growing and I simply could not live on nothing while paying huge interest rates and what seemed like a never ending debt. My payments were over $2500 a month. What is my next course of action and where do I get help?


Dear Evan,

I’m glad to hear you kept up with your federal student loans. At least there are some programs to help people struggling with those loans.

There are two important factors to consider on your private student loans. The first is if they have been sold and resold several times over it would be worth pursuing if the current owner can even prove they own the debt. To do this you would need to validate the debt as part of fighting back if this is a lawsuit.

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Second, there is no substitute for good legal advice on how to handle the situation. You should absolutely consult with a lawyer licensed in your state if you are in fact being sued.

But it might also make sense to talk to a Florida bankruptcy attorney who can advise you if the private loans are outside the statute of limitations and thus eligible for elimination in a consumer bankruptcy.

At this point it would make the most sense to find competent legal help to deal with a possible lawsuit over the debt rather than be stressed and afraid of the process.

Please post your responses and follow-up messages to me on this in the comments section below.

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About Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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