JEFFERSON CAPITAL SYSTEMS | Lebedin Kofman LLP

Jefferson Capital Systems is becoming a more common debt-buyer of private student loan debt. Often, it buys debt that comes from lenders such as National Collegiate Student Loan Trust and Sallie Mae/Navient. Jefferson then attempts to collect the debt through the use of multiple collection agencies. Finally, it frequently retains the debt collection law firm of Forster and Garbus to sue consumers in order to obtain default judgments against them. A default judgment occurs when a consumer is not served properly and has no notice of the impending lawsuit. An answer is never filed by the consumer to the summons and complaint and they lose the case on default leading to a judgment against them. A judgment can then lead to a bank levy, wage garnishment or lien against the consumer’s home while judgment interest accrues at 9% inflating the debt amount.

Aggressively defending against Jefferson Capital Systems and Forster and Garbus is the best way to achieve a favorable result. An answer with defenses must be submitted if actual notice of a lawsuit is received by the consumer. That prevents a default judgment and keeps the burden on Jefferson to prove that the alleged debt is owed to them. In cases where a judgment has already been obtained, it is essential to seek to vacate the default judgment by filing an Order to Show Cause. The consumer must the show that they have a reasonable excuse for the default and at least one meritorious defense against Jefferson Capital. This standard is generally not difficult to provide as most consumers are not served properly or at all and as Jefferson Capital is a debt-buyer, defenses such as Standing and Hearsay can be used to show that Jefferson Capital is not the rightful owner of the debt being pursued. Forster and Garbus will commonly reach out to us in these matters to see if an out of court settlement for far less than the full balance can be reached to avoid litigation but mainly due to the leverage obtained by using these defenses.