Son has private student loan. National Collegiate Student Loan Trust is now suing him. He took out loan in 2007 and they sued him a couple of months ago.
When does the Statue of Limitation run out private student loan in California? When does Breech of Contract occur? If you have not paid any thing on a month to month private student loan and the contract says you will pay monthly, are you in Breech the first time a payment is missed? I have been getting different answers.
From what you’ve shared it appears you have a very valid argument that the case should be dismissed and the loans would be dischargeable in a consumer bankruptcy.
According to the California Courts, the statue of limitations for written contracts is, “four years from the date the contract was broken.” – Source
That being said, there are a number of issues that can impact when the statute of limitations starts and stops. So before you hang your hat on that, I would most certainly urge you to seek the assistance of a knowledgeable attorney.
If the attorney agrees that the debt is no longer protected by the statute of limitations, then you should read These Private Student Loans Can Be Easily Discharged in Bankruptcy.
Here are a few resources you might want to use to find a lawyer to assist you. You can search for a consumer attorney using the National Association of Consumer Advocates website. An attorney in California that has helped readers in the past is Greg Fitzgerald. He can be found at at DebtorProtectors.com. Finally, you can always find a local licensed bankruptcy attorney through this link with the State Bar of California, and talk to them about the situation.