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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 113505
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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30 year old student loan keeps appearing that has been

Customer Question

30 year old student loan keeps appearing that has been expired since the early eighties no I received a letter from a law firm with a court date I have to expunging papers
Submitted: 6 months ago.
Category: Legal
Customer: replied 6 months ago.
It says notice of non opposition to clean a motion to set aside dismissal without prejudice proceed to CCP 473 and enter default judgment the date is for August 23rd 2016 at 8:30 at the Norwalk Court I guess Superior Court State of California
Customer: replied 6 months ago.
It was some kind of corresponding course for computers a long time ago in the building closed down and took advantage of a lot of the students so that expunged it but I'm still being pursued 30 years ago
Customer: replied 6 months ago.
I have the case number ***** you need it
Customer: replied 6 months ago.
I also have a fax to
you need me to fax any papers
Customer: replied 6 months ago.
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Customer: replied 6 months ago.
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Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question for us regarding this matter?
Customer: replied 6 months ago.
What should I do
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
Please upload the copy of what you received and also you need to better explain this because if this loan was extinguished they cannot continue to try to collect it.
Customer: replied 6 months ago.
In this case if they cannot find the extinguish papers what should I do can they still end up putting me into a collection judgement
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
You will need to file suit to dismiss the judgment against you if they cannot find the papers extinguishing the loan. You would have to sue them in court over this loan is all you could do.
Customer: replied 6 months ago.
Thank you very much so it's safe to say just let the court proceed and if the Judgment goes to then file suit later
Customer: replied 6 months ago.
how and when do we file.Also how much
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
Yes, you need to argue in court and file to dismiss the case before it goes to judgment. You need to file a motion to dismiss if they sue. In your motion to dismiss you would need to explain it was extinguished. As far as how much you can ask for that depends on your damages you can prove.
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
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