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I have an existing UN-secured private student loan that

originated in 2007 in N.Y...
I have an existing UN-secured private student loan that originated in 2007 in N.Y. State that I have never made any payments to. I believe that the Statute of Limitations are applicable to this type of loan. If they do apply,and since the statute of limitations has run its course of 6 years, I believe in view of this, that I no longer have a legal obligation to pay off this loan.I would like to know if my conclusion is correct. If not, please explain why I have reached the wrong conclusion as to why the statute of limitation do not apply in this instant case. If correct, what can I do to stop collectors from further harassment?
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Law Educator, Esq.
Category: Education Law
Satisfied Customers: 125,859
Experience: Attorney handling education matters.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Under NY law if the loan is not a government secured then there is a 6 year statute of limitations from the date of the last payment for the lender to sue. If it has been beyond 6 years from your last payment and they did not sue you for the judgment within 6 years then the statute of limitations would bar them from suing. If they did sue within the 6 years and obtained a judgment, then the judgment has 20 years to be collected and it can be extended for another 20 years.

So if they have not filed suit and it is a non-government secured loan, you can write them a letter denying owing the debt telling them it is time barred and that you demand they cease and desist any further contact regarding the matter or you will sue pursuant to the fair debt collection practices act and seek damages plus attorney's fees.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Education Law
Satisfied Customers: 125,859
Experience: Attorney handling education matters.
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