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Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5800
Experience:  20 years of professional experience
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I need some advice on how to deal with a private school loan

Customer Question

Hello I need some advice on how to deal with a private school loan to National colliegiate, that I had filled out for my daughter to attend college, she said she had missed one payment with them they put her in default, they filed a civil suit on myself because I cosigned for her, but I have been trying to work things out with them by making payments of $300.00 what I & my daughter can afford to paid at this time, I sent them a letter with a payment explaining to them this what I can afford at this time. This is the 3rd debt collector they have sent this loan to at all times we have made payments, this say one said that we missed two payment every since no we have not. Now I have 20 days to responses to the court & the attorneys office can you assist on how to response never had to go through anything like this... Civil law suit
Submitted: 1 year ago.
Category: Family Law
Expert:  Maverick replied 1 year ago.

Welcome to Just Answer (“JA”)! My name is Maverick. Please note that:

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1. What is the name of the court that they sued you in?

2. Can you upload a copy of the lawsuit for us to look at?

Customer: replied 1 year ago.
State of Wisconsin, circuit court in Milwaukee at this time I have no way of sending or up loading the information, but on the letter they say it is a summons classification code 30301 Hon Christopher R Foley, Br 14 Civil E plaintiff National Collegiate Student LoanTrust vs My daughter Nygia L. Woodard, ***** *****ard go on WCcap.com
Customer: replied 1 year ago.
Milwaukee County, Milwaukee Wisconsin
Customer: replied 1 year ago.
Hello I have not heard from you
Expert:  Maverick replied 1 year ago.

Okay, here is a sample format you can use as a GO-BY to prepare your response.

So, notice how it works. For each allegation in their complaint, you will have to respond by saying one of the following:

1. Agreed

2. Denied or

3. Agreed in part; Denied in part.

For each response you briefly would expalin why.

These rules will help you with the specifics....

Then, you would argue any affirmative defenses you may have. Here is a sample list you can use as a go-by:

(3) AFFIRMATIVE DEFENSES. In pleading to a preceding pleading, a party shall set forth affirmatively any matter constituting an avoidance or affirmative defense including but not limited to the following: accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of a condition subsequent, failure or want of consideration, failure to mitigate damages, fraud, illegality, immunity, incompetence, injury by fellow servants, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, superseding cause, and waiver. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court, if justice so requires, shall permit amendment of the pleading to conform to a proper designation. If an affirmative defense permitted to be raised by motion under s. 802.06 (2) is so raised, it need not be set forth in a subsequent pleading.

Then you would make any counterclaims you may have. For example if they violated the Fair Debt Collection Practices Act. See here.

Let me know where you may still need help....I will be happy to assist you....

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