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are TERI private loans dischargeable?

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    #31
    Originally posted by souprebel View Post
    I have 5 Private Sallie Mae loans and I can't find the SOL in Virginia. I have Googled all over. Is there a link?
    Need to know the SOL on these. Does it go by the date the loan was opened or from the date of last payment?
    The SOL in Virginia is 5 years.

    When does it start running? Well, think about it this way. A statute of limitations bars lawsuits against a potential defendant after a certain amount of time has passed since the action took place that entitles the plaintiff to a legal remedy. So what's the action, or the "cause of action" that would lead to a lawsuit against you by Sallie Mae? It wasn't the fact that you took out the loans, because all you did there was borrow money in exchange for a promise to pay. Instead, the cause of action was when you stopped abiding by the terms of your agreement, i.e., when you stopped paying Sallie Mae. Theoretically the statute of limitations should have started running about a month after the date of your last payment, because that's when the next payment was due, and that's when the cause of action arose, i.e., when you stopped doing what you were supposed to do, pay them back. I've heard that the date of default can also be interpreted as the trigger for the statute of limitations. So keep that in mind as well if those are two different dates.

    By the way, I love this quote from the guy who beat his student loans via SOL: "had a lot of people tell me that there was no SOL on Private Student Loans, Wells Fargo, Attorneys, People on the internet but the judge here in Central PA told me there was and he was the only one that mattered." I really want to frame that quote and put it up in my living room, and then admire it each day and chuckle.

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      #32
      Originally posted by KeithDoxen View Post
      The SOL in Virginia is 5 years.

      When does it start running? Well, think about it this way. A statute of limitations bars lawsuits against a potential defendant after a certain amount of time has passed since the action took place that entitles the plaintiff to a legal remedy. So what's the action, or the "cause of action" that would lead to a lawsuit against you by Sallie Mae? It wasn't the fact that you took out the loans, because all you did there was borrow money in exchange for a promise to pay. Instead, the cause of action was when you stopped abiding by the terms of your agreement, i.e., when you stopped paying Sallie Mae. Theoretically the statute of limitations should have started running about a month after the date of your last payment, because that's when the next payment was due, and that's when the cause of action arose, i.e., when you stopped doing what you were supposed to do, pay them back. I've heard that the date of default can also be interpreted as the trigger for the statute of limitations. So keep that in mind as well if those are two different dates.

      By the way, I love this quote from the guy who beat his student loans via SOL: "had a lot of people tell me that there was no SOL on Private Student Loans, Wells Fargo, Attorneys, People on the internet but the judge here in Central PA told me there was and he was the only one that mattered." I really want to frame that quote and put it up in my living room, and then admire it each day and chuckle.
      Thank you so much! Everyone is so helpful here! Love it as I am so lost. lol
      Well I was making payments up until I couldn't any longer. They had "no options" for me, unless I wanted to pay in full, which if I could "pay in full" I wouldn't be discussing my late accounts on the phone with them at that time, LOL So frustrating to even be asked... "would you like to pay in full"? On my CR's all 5 are "charged off as bad debt and Profit and Loss Write Off. I have received letters from scum CA's. I'm going to have to file BK and wish these 5 private loans could be included, I know they can't be.

      I love that quote too. Gives me some hope LOL

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