Legal Question in Credit and Debt Law in Georgia
I filed an answer to a lawsuit brought against me by a private student loan company. It is now required to go before a mediator. In my answer, my defenses were that one application showed an incorrect school name thus making it null, and the other loans are all over 6 years without payment activity, which I believe exceeds the statute of limitations for promissory notes in the state of Georgia. In the state of Iowa, where I resided when the loans were taken out originally, it is only four years. Are my defenses valid and if so, or if not, what do I do at the mediation hearing? I have no money to pay the loans back. I will lose my home, car, and the ability to pay child support if they garnish my wages. Thanks for any advice you can provide, as I am representing myself in this matter.
2 Answers from Attorneys
You are probably going to lose on all those defenses, but that is just based on averages and we don't have your contracts or other documents to review. If your home, car and other things are at risk, then you need to see a lawyer. If you left out valid defenses, you probably waived them.
The school name being wrong does not sound like a valid defense. Did you borrow the money or not?
Statute of limitations in GA is 6 years from the date of your last payment. If it has been 6 or more years, then maybe this is valid IF the loans are purely private. There is NO statute of limitations for federal student loans.
If you are already being garnished for child support then your pay cannot be garnished again. I would get a wage garnishment for your child support set up now so that will be in place if you do not prevail.
GA law only lets a creditor garnish at 25% max. If you are being garnished for child support at 25% then you cannot be garnished for the student loan until child support is over. If you are garnished at less than 25% then the student loan company will get the difference that is left - example - max garnishment is 25% and child support = 10% so the student lender could only get 15% (25% - 10% = 15%). However, 25% is the maximum - it depends on what you make. Some people earn so little as to be exempt totally or garnished at a reduced sum.
Why do you think you will lose your house and car? Are these things liened? If so, they are safe from seizure.
I would agree with Attorney Riddle that you probably ought to see a lawyer - at least pay for a consult and have the lawyer review the complaint and answer and offer some thoughts on the mediation. If there really is a valid statute of limitation defense, then you should (a) get some discovery and then (b) move for summary judgment to dismiss the case.