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LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10284
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I took out a private student loan in 2006, and at the same

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I took out a private student loan in 2006, and at the same time I co-signed for a friend's student loan. We both ended up dropping out of the program after a couple of months, too late to get a refund. No payments were ever made on these loans.

At the end of last year a complaint was filed against me in District Court for my loan; a second complaint, for the co-signed loan, was filed against me three months ago. In neither case has any judgement yet been awarded them - both cases are showing an open status on the court's website.

I have an attorney harassing me to make arrangements to pay both my loan and the co-signed loan (my friend has vanished). I live in Nevada, and according to my research, it seems the statute of limitations for this type of debt is six years.

I can't afford very much in attorney fees. What do you think about me acting as my own attorney, and answering the complaint by claiming the statute of limitations expiration as my defense?

LegalGems :

Hi! LegalGems here. My goal: To Do My Best To Assist You. Please remember, I can only provide general information,as this is a public forum. Yes, you are correct in that the statute of limitations for a written contract is 6 years. Please see: The statute would run from the time of last payment, up until the plaintiff filed suit. Since no payments were ever made, it would be from the date the first payment became delinquent. You could request a dismissal based on the expiration of the statute of limitations; or you could, if time permits (no upcoming court dates that would result in a default judgment), contact the attorney via email/letter, attach the relevant statute, and advise them the statute of limitations has run. If they realize you are aware of this, they may agree to a dismissal with prejudice, prepare the paperwork, and then you would not have to deal with a court hearing.

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