Sued by National Collegiate Student Loan Trust

Sued By National Collegiate Student Loan Trust

When you have been sued for a debt – when you've been sued for any debt, but particularly when you've been sued by National Collegiate Student Loan Trust – the creditor (the entity suing you) has to prove a number of things in court before they can get a judgment against you. These are called the elements of their lawsuit. Some of the elements the creditor needs to prove in their suit are:

  • That you took out a loan in the first place;
  • That the entity suing you (National Collegiate Student Loan Trust) owns the loan and the right to collect on the loan; and
  • That the amount of money National Collegiate claims you owe is the proper amount due.

Can National Collegiate Student Loan Trust prove that you owe the money? It depends on whether they can provide a copy of the signed Promissory Note. But this doesn't mean that you owe the money to THEM.

Sued By National Collegiate Student Loan Trust

The next thing National Collegiate Student Loan Trust needs to do is prove that they own the loan,  as well as the right to collect on the loan. Can they prove both of these? It depends on whether they can show that the loan went from the original lender (the bank you borrowed the money from) to the Depositor (there is ALWAYS a Depositor in between the originating bank and NCLT) to National Collegiate Student Loan Trust.

Is the amount National Collegiate Student Loan Trust (I'm getting tired of typing that) claims to be due a correct amnount? To prove this, NCLT needs to show a complete and accurate accounting of how they arrived at the amount they’re claiming is owed on this student loan.

This is not an entire guide to fighting and winning (or settling) your National Collegiate Student Loan Trust lawsuit. Defending a private student loan collection lawsuit brought by National Collegiate Student Loan Trust involves a significant amount of work, and many, many details, but hopefully, you realize that it's not hopeless. It's almost always the right decision for you to fight the case and make National Collegiate prove every element of their case before you agree to pay them any money.


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