Providing Debt Relief for Clients Throughout the State of New York

NATIONAL COLLEGIATE STUDENT LOAN TRUST CASE DISMISSED

Our client retained us after being served with a summons and complaint on two National Collegiate Student Loan Trust private student loans equaling about $25,000. NCSLT retained Eltman Law, a debt collection law firm to collect, sue and attempt to obtain a judgment against our client. In a rare circumstance our client was actually served with the summons and complaint, so he was able to defend himself whereas most lawsuits like this end up as a default judgment for NCSLT due to poor or improper service. We drafted an answer with affirmative defenses and submitted it to the court to avoid a default judgment immediately.

To protect our client, we interposed some very important affirmative defenses including a lack of standing on behalf of NCSLT, a statute of limitations defense stating that NCSLT was suing our client after the allowed period to do so as well as a hearsay defense. We did not believe that Eltman would be able to produce documents showing the proper transfer and assignment of these loans to NCSLT as well as other important documents that are necessary for any Plaintiff to lay the foundation for evidence to be entered and meet their burden of proof. Finally, we did not believe that NCSLT would be able to bring in a witness with the proper knowledge to attest to the assignment of these loans to NCSLT. The case went through the discovery process where we received very little in the form of proof from the Plaintiff showing that this debt was owed by our client or owned by NCSLT. We requested that the case be dismissed due to Eltman’s inability to send us any of the requested discovery. The judge agreed with us and dismissed the case against our client with prejudice discharging over $25,000 in debt and preventing NCSLT from suing him ever again on this debt.