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TJ, Esq.
TJ, Esq., Attorney
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Experience:  Licensed to Practice Law
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Over 23 years ago, I signed multiple student loans to attend

Customer Question

Over 23 years ago, I signed multiple student loans to attend college. I have been sued in Fed court by a collection/law group agency claiming I signed for 50K, but they only present @ 16K on consolidation note (they have the original I signed, and I admit signing, but only for that amount presented) ) they have put forth as proof that I allegedly borrowed 50k. I dispute that I borowed that much, period. However, they have also included a "copy" of an addedum document allegedly stating that I admit to borrowing 50K. I do not remember ever signing such a document.

If you allegedy sign an addedum to a student loan contract, does that replace the original note as proof of contractual obligation? Case law in student loan state that they "must show that I signed the promissory notes." That is many, many years ago I signed those notes for Student loans; whereas, the collection agency has not forwarded any copies of All the promissory notes (I signed many through my college career - over 23 years ago. They have lost most of the original notes (even copies) that I allegedly signed; now they forward only one "addedum" for ALL the missing signed promissory notes that I allegedly signed over 20 years ago, and it's a copy, not the original as 'proof" that i signed notes they have not forded and do not have Thoughts
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you.

Q: If you allegedy sign an addedum to a student loan contract, does that replace the original note as proof of contractual obligation?

A: An addendum does not replace a note. An addendum adds to a note. An addendum without the note should not be enforceable. Based on what you wrote, I do not believe that the plaintiff can win a judgment for $50k. I'm a little surprised that they sued without the notes or even copies of the notes. I would ask the judge to dismiss the case for failure to prove a prima facie case (assuming the trial is upon you).

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 9699
Experience: Licensed to Practice Law
TJ, Esq. and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

Yeah, that's what I thought also...

 

These student loan cases, as I have horrifiedly found out, are almost unwinnable ( I have not been able to research /find even one case that the Defendant won, unless basically they were dead.

 

This fact, in itself, points to something really unjust going on. Unfortunately, when, over 23 years ago, I received some loans (not the 52k they say but can't produce the notes or even copies) I was young and naive. Additonally, the Gov has systematically, retro-actively changed the terms of the agreements on the notes I signed. A BIG one is that when I signed the notes there was a statute of limitations. They now come after me, 23 years - 23 years...after the fact for a HUGE amount that has been built up over the years on a 9% (by law unrefinanciable, another predatory term of the agreement) years interest rate that has become a monster.

 

Truly, truly unjust...this is BIG Gov abuse. I mean no statute of limitation applies to murder, kidnapping, war crimes, treason..BIG criminal crimes and then here comes student loans...UNBELIEVABLE. A bank or big biz can borrow millions and claim bankruptcy if things don't work out and walk. BUT POOR STUDENTS who can't and or don't know how to fight back get crushed.

 

Truly amazing, but through the years I have learned to trust the GOV less than all authority. I am a good citzen, but I now reilaize that the Gov can be very abusive and very unaccountable to that abuse when it happens...REALLY SCAREY STUFF.

 

Anyways, I'll be back in touch soon with the details of the case so far. Anything you advise/do to help would be very much appreciated.

 

Thanks LOTS!!!!

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

I couldn't agree with you more!

Signed,

Deeply in Debt!
Expert:  TJ, Esq. replied 1 year ago.
Feel free to keep me informed, and to ask additional questions as necessary. I appreciate you using our service!

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