Facing a lawsuit from the National Collegiate Student Loan Trust (NCSLT) can be a daunting and stressful experience, especially if you don’t know your rights or how to defend yourself in court.
If you’ve been sued by NCSLT in Columbus for student loan debt, it’s important to understand the legal process and know how to respond.
Because NCSLT deals with private student loans, not federal student loans, the procedure is quite a bit different and has more in common with a credit card lawsuit than federal student loans.
Know Your Rights
The first step in defending yourself against any debt lawsuit in Columbus, including a lawsuit from NCSLT, is to understand your rights under the law.
Private student loan debt like that handled by the NCSLT is a type of consumer debt and is governed by federal and state laws, and there are laws that protect consumers from debt collectors and prohibit certain collection practices.
For example, the Fair Debt Collection Practices Act (FDCPA) regulates the behavior of debt collectors, including NCSLT, and imposes restrictions on how they can communicate with you. Additionally, the statute of limitations on private student loan debt in Ohio is eight years, so if your debt is beyond that point, it could limit NCSLT’s ability to collect on the debt.
Knowing whether your rights are being respected by the NCSLT will undoubtedly help you in legal challenges against them, especially if you find that they’ve run afoul of those rights.
Gather Evidence
In order to defend yourself against a NCSLT lawsuit in Columbus, you’ll need to gather evidence to support your case.
This could include loan agreements, payment records, and correspondence with NCSLT or its agents. You should also gather any evidence that supports your defense, such as proof that the statute of limitations has expired or written agreements or arrangements you made with NCSLT agents about payments.
Follow Through On Legal Proceedings
If you’ve been served with a student debt collection lawsuit, it may feel so overwhelming that you just try to ignore it and hope it goes away on its own.
It won’t.
You must respond to the complaint within the time frame specified by the court, which is something a debt collection attorney in Columbus can help you with. To respond to the complaint, you can file an answer with the court that explains your position and any defenses you have to the lawsuit.
Failure to respond can result in a default judgment against you, which means that NCSLT will win the case without you having the opportunity to present your defense, which can lead to extreme measures like wage garnishment.
Similarly, if you end up needing to take the matter to court, it’s important to attend all scheduled court appearances and be prepared to present your case. Not making a court appearance will likely also lead to a default judgment.
Of course, before things get to this point, you should definitely consider this next piece of advice.
Hire a Student Debt Attorney in Columbus
Consider hiring a student debt attorney in Columbus who has experience in dealing with collection lawsuits and tactics like we do at the Needleman Law Office.
An Ohio student debt attorney can help you navigate the legal system, represent you in court, and provide you with guidance on how to best defend yourself. Even if you’re unable to get the debt dismissed entirely, a student debt attorney in Columbus may be able to negotiate a settlement on your behalf or find alternative solutions to the lawsuit.
If you’re facing a lawsuit from the NCSLT and aren’t sure about how to handle it, contact the Needleman Law Office. Even with a brief free consultation, we can help you better understand your rights and options in your position. After that, we can help you fight back.