Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Student loan AP meeting tomorrow!

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  • Student loan AP meeting tomorrow!

    Fun, fun, fun. No default judgement for me. I received a reply from a local law firm regarding the AP I field against my student loan servicer. Frankly, the response leaves me baffled. Wondering if it's just legal jargon or if it just shows the law firm is lazy as all heck. The attorney represents Educational Credit Management Corporation (ECMC).

    Here are some example statements from their answer followed by my comments:

    "XXX lacks information and knowledge sufficient to form an opinion as to the truth of the allegations contained in Paragraphs 2, 3, and 4 of the Complaint."

    Paragraph 2 -- I identify the company against whom I made the AP, i.e., that I owe them money.
    Paragraph 3 -- I identify the school and degrees for which the student loans were taken.
    Paragraph 4 -- I listed the address for the company that serviced/held my student loan.

    How could ECMC be ignorant of those "allegations"??? They are simple facts.

    As to the allegations contained in Paragraphs 8, 9, and 10 of the Complaint, ECMC denies the first sentence in each of Paragraphs 8, 9, and 10.

    Paragraph 10 -- I state that I have made good faith efforts to pay my student loans.

    From January 2002 to June 2010 I made every payment in full and on time. In July I put my loans into deferment for medical reasons. If making every single payment in full and on time does not constitute good faith, what on earth does? Never taking the loan in the first place??

    They're even asking "That the Court award such other and further relief that the Court deems just and proper."

    Anyway, I'm curious if these inane statements are par for the course or a sign that the lawyers are lazy and/or stupid. I have a cancer that has a 5 year survival rate of about 5%. I make 4-5 long-distance medical trips per quarter for checkups, which costs a good chunk of change. I can't imagine a judge is going to be too impressed with their attempt to recoup court fees.
    Filed Ch 7 pro se Oct 2010 . Filed student loan AP pro se Feb 2011 . Discharged Feb 2011 . AP trial 1/10/2012 . $28K in student loans dismissed Jan 2012 . ECMC appealed. Appeal hearing 7/2012. Original judgment upheld 9/2012.

  • #2
    I'm sorry I don't have any answers but please do post back regarding how it all went. I guess if it were I, I would suspect that they are playing dumb and I would make sure that I have sufficiently documented everything and followed all the court procedures.
    Disclaimer: I am not a lawyer nor giving legal advice. Use at your own risk.


    • #3
      It is standard legalease. In your case, you better make sure YOU are following all the procedures and not worry so much about the other side, you now have a full blown case on your hands, best of luck.


      • #4
        I wish you luck with your student loan case. Your health is far more important, though. I hope you take pride in taking on this AP task because I am proud of you for trying!!!

        I can't imagine a situation of more dire hardship than your prognosis, so if there is to be any relief from student loan obligations in our courts, it should be for situations such as yours.
        Filed Ch 7 Pro Se 11-18-2010 341 Meeting 12-16-2010 Discharged 2-15-2011
        New Job 7-2011


        • #5
          How did it go?
          Teacher Momma


          • #6
            I was wondering the same thing!
            A fresh start is a beautiful thing. And I'm not an attorney, just opinionated!


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