DEBT RELIEF LAW CENTER
Attorney N. James Turner Can Help
Stop The Harassment!
SLM Private Credit Student Loan Trust is a buyer of student loans on the secondary market and has filed a large number of lawsuits against consumers in Florida. Many of these lawsuits are defective on their face. No allegations of assignment are alleged in the complaint.
In September of 2019, Florida consumer Inez Martinez sued SLM Private Credit Student Loan Trust and its attorneys, Lloyd & McDaniel, PLLC United States District Court, Middle District of Florida under the Fair Debt Collections Practices Act for making false, deceptive and misleading statement in a student loan lawsuit filed against her. The basis of the lawsuit was that Lloyd & McDaniel filed a lawsuit in Osceola County alleging that:
All of these allegations were false.
The class-action complaint against SLM and Lloyd & McDaniel also alleged that the Defendants had filed similar lawsuits against other residents of the State of Florida contained the same false allegations.
In order to be successful in suing on a promissory note, the plaintiff must be the holder of the note. An assignment of a promissory note, or the right to enforce it, must pre-date the filing of the lawsuit. A plaintiff must have standing to file suit at its inception, and may not remedy this defect by subsequently obtaining standing.
Another common defect in the collection cases filed by SLM Private Credit Student Loan Trust is the failure to give notice of assignment. Section 559.715 of the Florida Statutes requires that notice of assignment be given prior to the filing of a lawsuit.
When creditors file collection lawsuits, they are required to meet certain procedural and evidentiary standards. They cannot merely claim that you owe a debt to them. When you raise the proper legal challenges, the creditors are forced to prove their case. If consumers fail to challenge the collection lawsuit, the creditor wins automatically by default.
If a default is entered, a court judgment is entered against you. Once the judgment is entered, the creditor will have other collection methods besides harassing phone calls and letters. A judgment will allow the creditor to place a lien against your home, sell certain personal property, freeze your bank account and the judgment will appear on your credit report for at least 7 years.
Most people will ignore these lawsuits out of frustration, fear, or embarrassment. Other people will quickly call the creditor to work out a deal, forgetting why they were unable to pay the debt in the first place. Both of these decisions are wrong because they are based on emotion, which is exactly what the creditor is hoping.
SLM Private Credit Student Loan Trust is represented in Florida by Lloyd & McDaniel, PLC
Call us for a free consultation regarding your student loan.
STARTED SINCE 1990
Orlando Consumer Rights Lawyer - providing aggressive and affordable professional services to consumers who have been victims of debt collection harassment by debt collectors and Credit Repair, to residents in Orlando, Kissimmee, and throughout the Central Florida Area.