Sallie mae/rock creek capital sued me
Posted by Effective-Plum6759@reddit | studentloandefaulters | View on Reddit | 23 comments
Just got served by Rock Creek Capital(sallie mae) and am being sued for $110k and have no idea what to do. I went to school in PA but am being sued in NY. How do I fix this? I can't have this affect my cosigner:/
SettleBankDebt@reddit
As a debt negotiator you can have this filed settled in short time frame, however you must file an answer to the lawsuit asap to protect yourself and the cosigner.
Great-Jelly5180@reddit
How I can do that ? I was a co-signer who Never paid loan because he couldn’t afford the monthly payment . Now I was served and in his credit stated charged off . I tried to reached some attorney for advice of what I can do without luck I went to court and they give me 60 day to settle However When I called the attorney Officce they want a sum payment of almost $25,000 and $ $6,200 a month ? Total debt is $98,000 How I can anwser the lawsuit ? I am independent worker - I am in Illinois
LisaInSF@reddit
You need a NY attorney to represent you.
East2duhwood@reddit
Same shit happened to me yesterday. I got summon yesterday from Rock Creek CASA RECEIVABLES MANAGEMENT, LLC. I’ve been paying Asset Recovery Solutions for the past few months thinking that’s who had my account with Salie Mae. Never got a noticed from rock creek before yesterday when I was sued. I’ve been already paying for Salie Mae through asset Recovery why am I being sued from Rock Creek.
EnvironmentalSail159@reddit
Did you ever find the contact for CASA Receivables Management, LLC?? My grandmother received a summons from them but I can’t get ahold of them?
East2duhwood@reddit
(877) 253-3543 Try this number.
Effective-Plum6759@reddit (OP)
What I've found after hours of research though is that rock creek will buy these loans very cheap and wait until right before the SOL is up to sue people who have defaulted loans. Which may be what your loan company is doing as well. Huge scammers tbh. Good luck with your case 😪
CromRex@reddit
Are you a resident of the state of New York?
Effective-Plum6759@reddit (OP)
Yes
CromRex@reddit
I've heard they generally sue debtors where the debtor currently resides.
LisaInSF@reddit
I think you are talking about two separate companies. “Rock Creek Capital, LLC” appears to be a debt buyer. They have a website. “Casa Receivables Management, LLC” may also be a debt buyer, but might be a debt collector for another company. Once a person is has defaulted on a loan, he/she can be sued, unless there is a written agreement regarding payments. Sadly, just making payments doesn’t protect you.
Effective-Plum6759@reddit (OP)
Do you know what type of attorney will take this case? I've spoken to a few attorneys and they said they have no idea what attorney will take this case 😪
LisaInSF@reddit
Consumer attorney, consumer debt defense attorney… look for one through the National Association of Consumer Advocates (NACA). You can also contact Joshua Cohen, aka the Student Loan Lawyer, for a referral.
Effective-Plum6759@reddit (OP)
Thank you!!
Old_Salad1834@reddit
There are lawyers that specifically handle settling student loan debt. Once you have defaulted and are being sued that is. Usually with the help of a lawyer in this area of expertise you can settle your debt at a lower amount than what you are being sued for. This will affect your credit for a year but, better to pay less and have it affect you for a year than be trapped with this debt and interest for years and years to come. If you don’t have a lump sum to settle they can typically do some sort of partial payment and set up the rest of the debt on a payment plan. Or just set up a payment plan if you have nothing.
Perhaps if you and your cosigner sit down with a lawyer it will help put them at ease?
Here’s a list of the kind of lawyers I mean but, truly you have to do an extensive search on your own as I am in MD! So I don’t know much about anything in NY.
https://www.lawinfo.com/student-loan-debt/new-york/new-york/
dmceo1020@reddit
I’m in MD! Did you find an attorney who helped you?
Ok-Climate-5463@reddit
Just got all my student loans canceled paid in full. Rock Creek capital is suing me for one of the loans they bought however it looks like that student loan was paid in my cancellation. Can they still sue me?
Apprehensive-Ad-80@reddit
At this point there’s no way it hasn’t affected your co-signer. For it to get this far you’ve been delinquent for a while and it’s likely been charged off a bad debt and sold to Rock Creek Capital
Effective-Plum6759@reddit (OP)
It obviously was delinquent and sold to rock creek capital. But with this case they will try to take my cosigner assets. And that is what I want to prevent.
Apprehensive-Ad-80@reddit
Without seeing suit or knowing your/their state specific laws it’s impossible to say for sure, but yea it is possible. Are they named in the suit as well?
Effective-Plum6759@reddit (OP)
Yes, they're named as well. But I don't even have content with my cosigner, they went on a bender like 6 years ago and no one has heard or seen them since. I've consulted with other people who have been sued as well and some advisors and I know it is possible to get this dismissed and get rid of the loans. But am hoping an attorney can help with a bit more guidance. I have a legal background but definitely not relating to student loans, so this ball pack is foreign to me.
Scared-Welcome-9000@reddit
It's unlikely they've managed to serve process on your co-signor. Check the court records to see if there's a return of service on the co-signor if you're very curious. If the co-signor hasn't been served then they can't be held liable in the current litigation.
Apprehensive-Ad-80@reddit
I’d definitely look for a consumer credit attorney, many will do a free 20 or 30 min consult. If your co-signer went off on a bender I suppose it a fairly safe assumption they must not care all too much about their credit, because this is for sure been hitting their score for while.
Good luck getting it all sorted out!