Sued by National Collegiate Student Loan Trusts?

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If yes, then you may be in a position to get the case dismissed, according to a recent news article in the New York Times. The article states that National Collegiate Student Loan Trusts, or NCSLT, can’t find the paperwork for tens of thousands of debts which show that the account had been assigned to NCSLT. The missing documents prevent NCSLT from proving to the court that it is the current holder of the account and that loan is owed to it. 

According to the news article, “National Collegiate’s lawyers warned in a recent legal filing, ‘As news of the servicing issues and the trusts’ inability to produce the documents needed to foreclose on loans spreads, the likelihood of more defaults rises.’ ” What that means to you the debtor is that you may want to take a stand against NCSLT’s lawsuit to make them either prove the debt is owed to it, or get the case dismissed.

NCSLT sues in the name of its trusts with names like National Collegiate Student Loan Trust 2007-2, or National Collegiate Student Loan Trust 2006-1. NCSLT has filed hundreds of cases in Arizona over the past six years. 

You may also have other defenses to the lawsuit, including statute of limitations, school fraud, wrong venue, etc. 

For a consultation about your NCSLT case, give BYBEE LAW CENTER, PLC a call at (480) 756-8822 to set up an appointment to review your individual situation.

MIDLAND FUNDING LLC SUED OVER “ROBO-SIGNING”

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Minnesota Attorney General, Lori Swanson, filed suit against Midland Funding, LLC for filing false and unreliable affidavits in debt collection lawsuits. These are the same “robo-signed” and unverified affidavits Midland files in its Arizona collection cases.

To read the full story go here: http://www.startribune.com/business/118777379.html

What To Do If You Have Been Sued by Midland Funding, LLC

If you have recently been sued by Midland Funding, LLC, or its sister collection agency, Midland Credit Management, Inc., and believe that do not owe the debt, please contact Floyd W. Bybee at 480-756-8822

 

 

Bartolini Finance Still Filing Suits on Old Debts.

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Recently I have been contacted by several Arizona consumers who have been sued by Bartolini Finance, also known as CNAC and J.D. Byrider.  In each instance, the account defaulted over four years prior to the suit being filed.

Arizona Statute of Limitations for Collecting on a Repossession is Four (4) Years.

A.R.S. § 47-2725 requires that Bartolini Finance file its suit to collect the remaining balance on your car loan within four (4) years after the repossession.

In the cases I am seeing right now, the repossession took place nearly six (6) years ago, meaning that Bartolini is too late.  However, if the Arizona debtor does not properly respond to the lawsuit, then Bartolini is able to get a default judgment.  This is obviously what Bartolini is hoping for.

Don’t Let Bartolini Get a Default Judgment Against You!

The large majority of the cases Bartolini Finance has filed have ended up with default judgments.  Many times the interest that has accrued far exceeds the amount of the original debt. 

You must file an appropriate answer with the Court in order to avoid judgment being entered against you.

Hire a Lawyer to Assist You.

If you have been sued by Bartolini Finance, hire the assistance of an attorney.  There are several consumer lawyers in Maricopa County which are capable of defending these Bartolini Finance lawsuits.  The cost of hiring a lawyer is usually much less than the amount of the potential judgment.  Plus, with the damage to your credit file by having a judgment entered, the cost of obtaining legal counsel is usually well worth it.

I would be glad to assist you in reviewing your case to see if you have a valid defense.  Please call Floyd W. Bybee at the BYBEE LAW CENTER, PLC (480) 756-8822 for a consultation.