Being sued for 18k & told they won’t go lower than 50%
Posted by nomoneyallproblemz@reddit | studentloandefaulters | View on Reddit | 29 comments
I live abroad & due to circumstances beyond my control I had to default on the remainder of my private student loan. To be clear, I asked for multiple alternatives & the best that they were able to do at the time was defer payments for 3 months, which they then added onto my debt. After a while it came pay rent or pay the debt, so with some advice from many people & other expats, I defaulted.
It has been less than a year since the defaulting & it moved to a collections agency who have been hounding my family. Finally, I was served with papers saying they were suing.
I tried calling the listed attorney first to try to negotiate, but was only allowed to speak with their collections department. They told me they could do 75%, I refused, then quickly went to 50% but wouldn’t budge after that. They told me that they “cannot give a proposal lower than 75%” to the client, but at some point also said it about 50%.
I never explicitly admitted it was my debt over the phone (looked up negotiations advice) & only said I wanted to resolve the matter & see what they could offer. I explained I absolutely cannot do 50% & would be open to do lower with the client. They refused, told me they can’t do anything, & to go to the courts, then hung up.
I’m now looking at hiring a lawyer. I truly cannot do 50% right now, I was hoping for 30% which was more reasonable, as I’m about to have a child & some other things came up that would just really put my family into an absolutely terrible situation.
Is there anything I can do?
morbie5@reddit
So you already know they are lying.
Is there a cosigner on this loans?
nomoneyallproblemz@reddit (OP)
Yeah, I could tell what they said was likely what they’re all told to say, but I was more baffled by the fact that there was no give & take at all. Just 50% or nothing & then was told to go to the courts & that was that.
No co-signer thankfully.
morbie5@reddit
Are you ever coming back to the US and do they know you are abroad rn?
nomoneyallproblemz@reddit (OP)
Maybe well into the future, probably not for 10 years at least. We’re starting our family here & don’t have a roadmap to return for the meantime. I mentioned I was abroad & mentioned I’ve been recently hospitalized - they didn’t care.
morbie5@reddit
I asked that not cuz I thought they would care (they won't) but in a lot of jurisdictions the SOL clock stops if you are out of the country. So it was a bad move to tell them that. Did you tell them what country you are in?
What did they meant by '& to go to the courts'?
nomoneyallproblemz@reddit (OP)
I did not say anything more than I live abroad. I was very careful about any info I gave away. It was a bit frustrating knowing what to say & not say because I’ve seen advice all over the place.
& they meant that I should just give an answer on what was served because technically I’m supposed to file an official answer. No answer & running out the deadline leads to a default judgment in this case.
morbie5@reddit
Yea, you'll get a default judgement if you do nothing. You need to check to see how long a judgment is good for in the state this is happening in. In my state they usually last 10 years and can be renewed once usually.
Thrwaway1309u42134@reddit
You live abroad? Do you have a US job or depend on US bank accounts? Or are you planning on going back to the US to live at some point? If not, then they can sue you and get a default judgement, but they almost certainly won't be able to collect any money from you abroad.
nomoneyallproblemz@reddit (OP)
Undetermined return to the US. I have a job & residency here abroad & don’t intend on returning for at least another 10 years (if that).
I have one US bank account for family to be able to send us money or gifts to & some investments. My only asset is a car under my name that I was planning on signing over to my sibling but I won’t be able to get back to the US for another couple months & in our state you have to do that in-person at the DMV.
AO_ReadyOrNot@reddit
Look up the statute of limitations (SOL) on private credit debt in the last US state where you resided. Check the website for your state attorney general. I think 10 years is the max limit in Iowa or somewhere similar. Most other states are way less. NY is 3, PA is 4, some other states are 6 years (if I recall that correctly.) Anyway, when the SOL expires, you still owe the debt but they cannot sue you. If you're not going back to US for at least 10 years, you can run out the SOL clock and the lender eats the debt as a loss. Beware that in some states talking to the lender, or making a payment, can restart the SOL time limit. Additionally, the loans will fall off your credit report after 7 years. I'm not a lawyer, but I had success running my SOL clock out on 100k+ and so have many others in this subreddit. I have 1 more year until it falls off my credit report. Best decision I made. Lastly, the SOL does not apply to any federal loans, only private student loans as they are private credit debt. Good luck!
nomoneyallproblemz@reddit (OP)
This is what I was hoping would happen, but they sued me & it’s only been less than a year. What I’m more worried about is not answering the claim & the judgment lasting way longer than I could be abroad.
AO_ReadyOrNot@reddit
Like I said, I'm not an attorney so this is just my humble opinion. Always respond to court papers, and try to consult an attorney in that district. Maybe see if writing a letter to the court, stating you're out of the country and need time to get a lawyer to determine if the debt is even yours, and that you were never personally served the papers since you haven't resided in the US since whenever... maybe that will buy you some time. Definitely send it via some type of certified or tracked mail so you can prove you sent it and can prove the court received it. Also, the judge may have something to say about jurisdiction if you send proof that you resided outside of US, and improper service as I saw someone else mention in a different post. I wish you the best of luck.
AO_ReadyOrNot@reddit
There's also a template letter on the Consumer Protection Board website that informs the lender they cannot speak to anyone except you about any debts that you may or may not owe. This will prevent the lender from harassing family / friends. I used that letter and it stopped Navient from contacting people associated with me. You may have to dig a little to find the templates, but here are some of the links I used when I defaulted on private loans:
Collection Contact Rules
Collectors calling family
nomoneyallproblemz@reddit (OP)
This is super helpful, I’ll send it over to family, thank you!
Found out recently that they’ve also not been announcing or declaring who they are on some of the calls soliciting my family, which I learned is illegal. But unfortunately unless my family starts recording all calls I doubt we could get them on anything like that.
lowertownn@reddit
They're going to have a hell of a lot of trouble serving you for them to even obtain a judgment. Tell them you're never moving back and to screw off.
jonsonmac@reddit
Might be a good tactic if the creditor knows OP is living abroad (assuming no co-signer). Might get him a better settlement if they know they can’t collect.
Additional-Ad-9088@reddit
If I read your post correctly a collection agency knows you are out of USA jurisdiction. The company is threatening to sue you. They know your last known residence is in a foreign country. You have rights under to the Fair debt collection act to demand they substantiate the debt. Use your right to demand proof of debt. Make sure they know to send the proof to your last “known place of residence”: in a foreign country. They can sue you in your country of residence or use the US treaty with your country or the Hague treaty to gain personal jurisdiction in the US courts. It is expensive and the legal cost will be greater than 18K. Demand to see the proof you allegedly owe this money and in BIG capital letters have them send the proof to your “foreign last known residence” that is outside of USA. Save the response and a copy of the letter. Just a suggestion.
nomoneyallproblemz@reddit (OP)
Just some corrections here: - they are already suing, the papers were served to an old address where family live - they did not know I lived abroad at the time - I mentioned I lived abroad when I called to try to negotiate & was very careful with my wording over the phone to never claim or admit the debt was mine, I never even confirmed the address is my current one (which they caught & asked me for my current and I said just leave what you have on file there & I wouldn’t be providing a current address), and my main convo was just about asking for offers to resolve the case.
The only entity in the US that would know my foreign address would be the IRS as I still file each year.
Additional-Ad-9088@reddit
YOU DO NOT KNOW WHAT THE LENDER KNOWS. Don’t assume. The response after they file is to demand a copy of the filed complaint and filed affidavit of service from the Court in which the lawsuit was filed. Or have someone pull the case file. Easy as those documents are public records. Then it is to enter a limited appearance by letter to the court asserting lack of jurisdiction. You reside out of the country with an address at XXXXXXX. And the SOL has passed. Make them prove. But ultimately it is your choice how you want to handle it. A court judgment can in some states be valid for 20 years.
porygon766@reddit
How are they suing you if you live abroad
nomoneyallproblemz@reddit (OP)
It was sent to my parents’ address in the states since it’s my last known address. I haven’t cut everything off there since my return is just undetermined at this point. Unfortunately my sibling signed for the letter because they didn’t know what it could’ve been for.
porygon766@reddit
You could still potentially have a case for improper service because you weren’t there physically and the court didn’t have jurisdiction over you
nomoneyallproblemz@reddit (OP)
That’s what one of the lawyers I spoke to said! He said that they technically don’t have a case on me because I no longer live at the address they served it to. Doesn’t matter who signed for the letter.
What I’m worried about now is that I tried to negotiate with them (even if I was very careful about not giving away any info, signaling that I admitted it was mine, etc). Im worried they can use that call against me even if I didn’t confirm anything, just that I wanted to see about resolving the issue first & what they could offer.
anon636765@reddit
If you’re going to stay there for 10 years why even bother let it go past the SOL and you’re good. But never tell them you’re going overseas. That can hinder your SOL in some states.
atlasaur@reddit
Who is the lender?
nomoneyallproblemz@reddit (OP)
It’s SoFi but moved to 2-3 different collection agencies til the current one who is suing me now.
Putrid_Factor_2660@reddit
Is it still sofi after all those agencies?
atlasaur@reddit
Suing for $18,000 is evil
morbie5@reddit
I've heard of doctor's offices suing for under 1k before