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.