Legal Question in Civil Litigation in Florida
student loan lawsuit
We are being sued for a student loan that we do not believe is owed. We have asked for information to verify the loan and they have been unable to account for the amount we are being sued for. They have a copy of an attached promissory note for 3,600.00 dated 7-16-90. I have receipts that I have paid in excess of $3,600.00 to a firm in 1999. I don't know of any other loans and can't get anything sent to verify the payments or the loan. I plan to defend this claim however I am not sure what the requirements are for the plaintiff. They indicate the original is lost or destroyed. The loan was with Nellie Mae and now is under Sallie Mae and we got a notice that we are being sued for$8,381.22. We indicated to the law firm that we were not in agreement we owed this amount and they have filed a civil suit against us.
I plan to notify the courts that we plan to defend and I have numerous letters trying to get facts and have been sent things you can't read or blank pages. What can I do?
2 Answers from Attorneys
Re: student loan lawsuit
They must prove that you borrowed the money and signed the note. Usually, an original note is required (perhaps not if you admit that the copy is your signature). You must prove what you paid -- so gather your records so that you can prove that the loan was repaid.
Re: student loan lawsuit
If you have been sued, make sure you conform to any deadlines to respond to the Complaint. A Summons should have accompanied the Complaint and should tell how many days you have to respond. You will have an opportunity during the course of the case to ask the Plaintiff for proof of their claims but it is important to make sure that you provide a timely response to the Complaint first.
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