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Student Loan Lawsuit FAQs

Attorney Scott Ciolek defends student loan lawsuits in Ohio and Michigan

Should I respond to a private student loan lawsuit?

If you’re sued, don’t ignore or fail to respond to the Summons and Complaint.  There are companies like National Collegiate Trust who purchase private student loans and bring hundreds of lawsuits against borrowers nationwide. These companies are probably hoping that you ignore the lawsuit by not answering so that they can obtain a default judgment against you.  If you talk to an attorney, there are likely options to either settle, defend the lawsuit or in some cases file for bankruptcy (although bankruptcy usually will NOT discharge student loans).

What is a default judgment?

If you do not respond to a student loan lawsuit then you will receive a default judgment against you (plus interest, attorneys fees and all court costs associated with the lawsuit). A default judgment enables companies like National Collegiate Trust to garnish your wages and take money from your bank accounts. Note: Private student loan companies cannot garnish your wages and accounts without a valid judgment.

How much does it cost to hire a student loan lawsuit defense attorney to represent me?

Ciolek LTD. charges affordable flat fees for most student loan defense cases.  If you’re interested in having Ciolek LTD. represent you, here’s how to Get Started.

How do I respond to the student loan lawsuit?

The instructions are on the Summons.  Usually, an Answer must be filed properly with the Court within the time frame on the Summons and send a copy must be sent to the lawyer representing the Plaintiff. Deadlines are very important.  

There may a number of defense strategies to use once the case starts. One of the best defense strategies is to make collection companies like National Collegiate Trust including examining the statute of limitations, examining documents, making sure that accounting is proper and several other considerations.

There may Fair Debt Collection Practices Act violations that you may have against the student loan collection debt collector. There are limitations on what debt collectors can say to you and your family and time limits when they can call. If you have a valid claim against a debt collector you may receive up to $1000 for violating collection laws.

Should I consider filing bankruptcy if I’m sued?

It depends.  Bankruptcy usually can’t discharge (get rid of) student loans.  However, under certain circumstances a Chapter 13 bankruptcy might be a way to survive with student loan debt.  Call for a bankruptcy consultation 419-740-5935.