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If you’ve fallen behind on a private student loan, the possibility of being sued can be terrifying. Every knock at the door causes anxiety, causing you to wonder whether you’re being dragged into court.
It’s natural to fear a private student loan lawsuit. The court system can be confusing, with exacting procedural rules and severe penalties for stepping over the line. Losing a lawsuit involves the prospect of wage garnishments, bank account levies, and additional costs that can wreck you financially.
The system is designed to scare you – and it succeeds. In spite of that fact, there’s good news to be had.
Private student loans have a limited time to sue you.
When it comes to federal student loans, you can be subjected to legal proceedings until the loan is satisfied – or until you die. Not only can the government file a lawsuit against you, but also to take administrative steps to force you to pay without using the court system.
Private student loans, however, aren’t covered by federal student loan laws. The only way you can be forced to pay a defaulted private student loan is through the lender’s use of the court system. The lender can’t use administrative wage garnishment, tax refund offset, or Social Security offset to force you to pay the debt.
More important is that the lender is subject to a strict time limit called a statute of limitations – during which they can use the court system to force you to pay. If the student loan company doesn’t file a lawsuit within the time specified by law, they can never force you to pay the debt.
Understanding the statute of limitations may make the difference between payment and getting off free and clear.
Here’s the rule on the statute of limitations for people who live in California.
What is California’s statute of limitations?
For written contracts such as private student loans, California law sets a statute of limitations of four (4) years from the date the claim accrues.
The claim accrues when the contract for payment is breached – in other words, once the first payment is not made under the contract.
If the promissory note is a negotiable instrument, however, the law sets the statute of limitations at six years of each individual payment due date. Once the loan is in default and the entire balance is accelerated, a new six-year statute of limitations takes over.
This means each monthly payment represents a new beginning to the six-year clock. If you’ve got a 30 year Note, theoretically the lender may be able to sue you for 36 years (for at least the last payment due, that is).
The saving grace, however, is in the acceleration portion of the law. If the private student loan lender calls the entire debt due, they get six years from that date as the applicable statute of limitations.
Does the California statute of limitations apply?
California courts consider the statute of limitations to be a procedural matter, so California law will typically apply.
An exception is when the promissory note applies a different state’s statute of limitations; in that case, the court will apply the other state’s law if it is shorter.
In this way, the courts recognize the need to protect their state’s citizens from overreaching lenders.
Beware actions that may pause the statute of limitations
You may think you’re home free when it comes to a lawsuit only to find that the statute of limitations hasn’t expired. In fact, specific actions may pause the clock and extend the time for a private student loan holder to sue you; this is known as “tolling” the statute of limitations.
Under California law, the statute of limitations may toll under certain conditions:

• when you are out of state;
• when you are in bankruptcy and the automatic stay is in effect;
• during periods of incompetence due to mental or physical reasons;
• if you die with less than six months left on the statute of limitations, it will be extended for six months after your death;
• if you die with more than six months left on the statute of limitations, it will be extended for one year after your death;
• if you are in jail, it is extended for two years or until you’re released, whichever comes first;
• if you are in the military, the statute of limitations pauses until you are no longer serving – even if you are serving during peacetime or as a career.

Resetting or reviving the statute of limitations
Debt collectors will call or send notices about old private student loans, some of which are close to or beyond the statute of limitations. It’s easy to get tripped up and make the mistake of extending, or even reviving, the statute of limitations.
Specific actions may reset or revive the statute of limitations, giving the private student loan holder additional time to file a lawsuit. This is one of those situations when you need to be very careful about the words and actions you take when dealing with collectors.
A statute of limitations may be extended or revived when you:

• acknowledge the debt in writing; or
• make a payment; or
• agree in writing to a new repayment schedule.

To prevent one of these “zombie debt” situations, make sure to double-check your records and your credit report before talking to a collector about an old private student loan.

What if a collector sues after the statute of limitations expires?
Collectors will usually disappear once the statute of limitations expires. Though you may get a collection letter, it should have a clear statement that the creditor is barred from suing you in court due to expiration of the statute of limitations.
From time to time, however, a creditor files a lawsuit on a time-barred private student loan. Maybe this is due to poor record-keeping, accounting errors, or just sneakiness; regardless, ignoring the problem will still lead to a default judgment.
California law prohibits creditors from starting a lawsuit, arbitration, or other legal proceeding to collect a debt after expiration of the statute of limitations. Though the law prohibits filing suit on an expired debt, you should respond to the lawsuit or the judge won’t realize the issue exists.
Once the lawsuit has been dismissed, you may be able to sue the collector under state and federal collection laws.
Private student loans don’t live forever, but you need to remain vigilant.
The statute of limitations on private student loans protects you against a lifetime of collection. But the many exceptions and loopholes can make it challenging to figure out when the debt becomes unenforceable.
That’s why it’s essential to monitor your accounts, double-check your dates, and maintain records about your loan.
Be careful about what you say and do when a collector contacts you about a defaulted account.
Never ignore court documents, or you may surrender your legal rights.
If in doubt, talk with a lawyer.

@media only screen and (max-width:800px) {.fusion-title.fusion-title-1{margin-top:2%!important;margin-bottom:2%!important;}}Where Can I Find the Law?Lawyers, accountants and financial professionals appreciate being able to find the laws that apply to this subject. Even if you’re not a legal or financial professional, you may be the sort of person who likes to wade through this sort of information. Either way – enjoy!
Statute of Limitations

• California Code of Civil Procedure § 337: Four-year statute of limitations
• California Commercial Code § 3118: Negotiable Instruments

Tolling the Statute of Limitations

• California Code of Civil Procedure § 351
• California Code of Civil Procedure § 352.1
• California Code of Civil Procedure § 356
• California Code of Civil Procedure § 366.1
• California Code of Civil Procedure § 366.2

Extending or Reviving the Statute of Limitations

• California Code of Civil Procedure § 360
• California Code of Civil Procedure § 360.5

Prohibition on Filing Time-Barred Cases

• California Code of Civil Procedure § 337
• Assembly Bill 1526 as enacted

I’m Jay Fleischman – I wrote this for you.
I’ve been a lawyer protecting people against lenders and collectors for over 24 years. When it comes to student loan law, no attorney has more experience than I do – period.
I’ve helped thousands of federal and private student loan borrowers lower their payments, negotiate settlements, get out of default and qualify for loan forgiveness programs. My practice includes defending student loan lawsuits filed by companies such as Navient and National Collegiate Student Loan Trust. In addition, I’ve represented thousands of individuals and families in Chapter 7 and Chapter 13 bankruptcy cases. I currently focus my law practice solely on student loan issues.
I played a central role in developing the Student Loan Law Workshop, where I personally helped teach over 350 lawyers how to help people with student loan problems. I’ve spoken at events held by the National Association of Consumer Bankruptcy Attorneys, National Association of Consumer Advocates, and bar associations around the country. National news outlets regularly look to me for my insights on student loans and consumer debt issues.
I’m licensed to practice law in New York and California and advise borrowers nationwide. And in case you were wondering – every single word on this page was written by me, and I personally stand behind it.

@media only screen and (max-width:800px) {.fusion-title.fusion-title-2{margin-top:2%!important;margin-bottom:2%!important;}}I’m Jay Fleischman – I wrote this for you.I’ve been a lawyer protecting people against lenders and collectors for over 24 years. When it comes to student loan law, no attorney has more experience than I do – period.
I’ve helped thousands of federal and private student loan borrowers lower their payments, negotiate settlements, get out of default and qualify for loan forgiveness programs. My practice includes defending student loan lawsuits filed by companies such as Navient and National Collegiate Student Loan Trust. In addition, I’ve represented thousands of individuals and families in Chapter 7 and Chapter 13 bankruptcy cases. I currently focus my law practice solely on student loan issues.
I played a central role in developing the Student Loan Law Workshop, where I personally helped teach over 350 lawyers how to help people with student loan problems. I’ve spoken at events held by the National Association of Consumer Bankruptcy Attorneys, National Association of Consumer Advocates, and bar associations around the country. National news outlets regularly look to me for my insights on student loans and consumer debt issues.
I’m licensed to practice law in New York and California and advise borrowers nationwide. And in case you were wondering – every single word on this page was written by me, and I personally stand behind it.

The post How Long Can You Be Sued On A Private Student Loan In California? appeared first on Shaev & Fleischman P.C..

By Winnie Hu

It is not enough that a subway fare increase could soon make traveling underground in New York City more expensive. The cost of getting around above ground is going up, too.
An extra $2.50 fee will be tacked onto any yellow taxi rides in Manhattan that begin, end or pass through south of 96th street, and an extra $2.75 fee will be added for other for-hire vehicles, including Ubers and Lyfts — all before the car even starts.
The new ride fees were supposed to start Jan. 1, and are intended to raise more than $1 million a day to help fix the city’s broken subway system. New York is following a growing number of states and cities, including Chicago and Seattle, that have adopted similar per-ride fees in recent years to pay for public transportation and other services.
In New York, the new ride fees had been temporarily blocked at the last minute by a lawsuit filed by a coalition of taxi owners and drivers who called it a “suicide surcharge” that would drive away customers and devastate an industry already crumbling under financial pressures.
Judge Lynn R. Kotler of State Supreme Court disagreed, ruling Thursday that the new ride fees could proceed, noting that the taxi coalition had not “demonstrated irreparable injury.” But she did deny a motion from the state to dismiss the lawsuit, saying that the coalition’s arguments merited moving the case forward.
The $2.50 fee will raise the minimum taxi fare to $5.80 in Manhattan.
Governor Andrew M. Cuomo’s office would not say when the fees would start.
The new ride fees are seen as the first step in passing a comprehensive congestion pricing plan for Manhattan that would charge all vehicles a fee to drive in the busiest neighborhoods and help reduce gridlock. The fees were approved last year by the State Legislature and also included a 75-cents fee for shared car-pool services.
The taxi coalition argued in its lawsuit that the fees would “drive the final nail in the proverbial coffin by making medallion taxicab rides so financially unattractive to consumers that the industry is sure to collapse in its entirety.”
But lawyers for the state attorney general’s office countered that the lawsuit hurt city transit riders, and that every day the new fees went uncollected meant less money for the Metropolitan Transportation Authority, which operates the subways.
Patrick Muncie, a spokesman for Mr. Cuomo, said the decision was “a positive step in our efforts to find a dedicated revenue stream for our subways and buses, as well as easing congestion in Manhattan’s central business district.”
But taxi owners and drivers criticized the judge’s decision, saying it would only add to their problems. Many are already struggling with enormous debt as the value of their taxi medallions — the aluminum plate that once sold for more than $1 million — has plummeted. Three taxi owners and five other professional drivers have committed suicide over the last year.
“It’s a big problem — that means people will not ride in taxis anymore,” said Mahmud Hossain, 54, a yellow taxi owner and driver from Astoria, Queens. “It’s very hard.”
Mr. Hossain said that he typically takes home $70 or less after a 12-hour shift, or about half of what he used to make five years ago before ride-hailing apps started taking away customers. He worries that he will take home even less now.
Bhairavi Desai, the executive director of the New York Taxi Workers Alliance, said taxi drivers would feel the effect right away from the new fee. “Their income will drop immediately and force them to delay decisions over food and medicine,” she said.
Ms. Desai called on the governor to hold off collecting the new fee while the lawsuit continues and said her group would lobby state legislators to pass an exemption for taxis from the new fee.“Implementing the surcharge while the lawsuit continues could put the industry in the predicament of figuring out how to refund passengers, even those who paid with cash, should the drivers ultimately win the case,” she said.
With the new $2.75 fee, the cost for Uber, which has an $8 base fare in Manhattan, will also rise to a minimum of $10.75. But Uber and two other ride-app services, Lyft and Via, have supported the fees as a step toward addressing congestion and transit challenges in the city.
The taxi lawsuit had argued that taxis should not be charged a “congestion tax” because their number has been capped by city law at 13,587 “to prevent an overabundance of cars and congestion,” even as Uber and other ride-app services were allowed to expand exponentially. In August, the city declared a one-year moratorium on new vehicle licenses for Uber, Lyft and other ride-app services.
Mayor Bill de Blasio has supported the new taxi fee, but Meera Joshi, the commissioner of the New York City Taxi and Limousine Commission, has said it would be “potentially devastating” for the taxi industry.
David Graves, 60, a taxi driver for almost two decades, said he was frustrated that the city had created the congestion problem and was now trying to address it by turning taxis into “unpaid tax collectors for the M.T.A.”
“This is my future, this is the future of the New York City taxi,” he added.
Copyright 2019 The New York Times Company.  All rights reserved.

Scams Targeting Your Social Security Number
The following is a warning from the Federal Trade Commission:
Good afternoon,
Today, the Bureau’s Office for Older Americans is forwarding an email about scams targeting your Social Security number. The email was sent by Jennifer Leach, Acting Associate Director, Division of Consumer and Business Education, Federal Trade Commission.
Fake Calls about your SSN
social security scams
The FTC is getting reports about people pretending to be from the Social Security Administration (SSA) who are trying to get your Social Security number and even your money. In one version of the scam, the caller says your Social Security number has been linked to a crime (often, he says it happened in Texas) involving drugs or sending money out of the country illegally. He then says your Social Security number is blocked – but he might ask you for a fee to reactivate it, or to get a new number. And he will ask you to confirm your Social Security number.
In other variations, he says that somebody used your Social Security number to apply for credit cards, and you could lose your benefits. Or he might warn you that your bank account is about to be seized, that you need to withdraw your money, and that he’ll tell you how to keep it safe.
But all of these are scams. Here’s what you need to know:

• The SSA will never (ever) call and ask for your Social Security number. It won’t ask you to pay anything. And it won’t call to threaten your benefits.
• Your caller ID might show the SSA’s real phone number (1-800-772-1213), but that’s not the real SSA calling. Computers make it easy to show any number on caller ID. You can’t trust what you see there.
• Never give your Social Security number to anyone who contacts you. Don’t confirm the last 4 digits. And don’t give a bank account or credit card number – ever – to anybody who contacts you asking for it.
• Remember that anyone who tells you to wire money, pay with a gift card, or send cash is a scammer. Always. No matter who they say they are.

If you’re worried about a call from someone who claims to be from the Social Security Administration, get off the phone.
Then call the real SSA at 1-800-772-1213 (TTY 1-800-325-0778). If you’ve spotted a scam, then tell the FTC at ftc.gov/complaint.
Thank you,
Stacy Canan
Office for Older Americans
Consumer Financial Protection Bureau

The post Scams Targeting Your Social Security Number appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.

Prediksi Heidenheim vs Bayer Leverkusen 6 Februari 2019 – Melanjutkan pertandingan DFB Pokal tahun 2018/2019 akan segera menghadirkan dua timpapan tengah yaitu Heidenheim vs Bayer Leverkusen. Dipertandingan yang sudah memasuki putaran ke 3 pastinya akan membuat para penikmat bola penasaran. Sebagai tim juru kunci pastinya Heidenheim akan berjuang lebih maksimal lagi untuk meraih kemenangan. Namun kualitas mereka saat ini sedang gemilang sehingga akan mudah saat menjamu Bayer Leverkusen.
Mereka akan mencuri poin penuh di markas sendiri dengan dukungan penuh dari supporter setianya. Sementara laga tandang Bayer Leverkusen juga akan berjuang lebih maksimal lagi untuk mempermalukan tuan rumah. Kualitas Bayer Leverkusen juga tidak bisa dipandang sebelah mata saja. Pertemuan antara Heidenheim vs Bayer Leverkusen akan segera berlangsung pada tanggal 6 Februari 2019 yang diselenggarakan di Voith- Arena (Heidenheim an der Brenz) live pukul 00:30 WIB.
Mampukah tuan rumah Heidenheim meraih kemenangannya di markas sendiri? Bagi anda penikmat bola, jangan lewatkan tayangan berikut ini!
Prediksi Heidenheim vs Bayer Leverkusen 6 Februari 2019
Putaran ke 2 DFB Pokal, tuan rumah Heidenheim berhasil meraih kemenangan saat menjamu Sandausen dengan skor 3-0. Pemain Heidenheim yang berhasil mencetak gol adalah M. Schnatterer di menit ke 8’ dan N. Dovedan di menit ke 20’ & 86’.
Prediksi Heidenheim vs Bayer Leverkusen 6 Februari 2019 – Franks Schmidt sebagai pelatih Heidenheim akan berjuang lebih maksimal lagi untuk meraih kemenangan ini dengan menghancurkan tim tamu nantinya. Mereka juga telah mempersiapkan para pemain terbaiknya sebagai mesin pencetak gol yaitu N. Dovedan, K. Pusch, R. Glatzel, S. Griesbeck dan juga K. Lankford.
Sementara penampilan Bayer Leverkusen kini sedang diatas angin karena berhasil meraih kemenangan yang indah pada putaran ke 2 DFB Pokal saat menuju markas M’gladbach dengan skor 0-5. Pemain Bayer Leverkusen yang berhasil mencetak gol saat itu adalah J. Brandt di menit ke 5’, T. Tedvaj di menit ke 46’, K. Bellarabi di menit ke 67’ & 74’ serta K. Volland di menit ke 80’.
Bayer Leverkusen sangat optimis akan mudah menorehkan kemenangannya  dengan menampilkan  pemain bintang seperti K. Haverts, L. Alario, J. Brandt dan juga I. Thelin. Heiko Herrlich sebagai pelatih Bayer Leverkusen akan tetap mengupayakan kemenangan ini.
Dari hasil penjelasan kedua tim, diprediksikan laga nanti akan dimenangkan oleh tim tamu Bayer Leverkusen. Adapun hasil prediksi skor antara Heidenheim vs Bayer Leverkusen 6 Februari 2019 dalam bursa taruhan bola adalah 0-2. Demikian perkiraan prediksi sebagai acuan anda.
Heidenheim Win: 10%
Bayer Leverkusen Win: 80%
Draws: 10%
Prediksi Heidenheim vs Bayer Leverkusen 6 Februari 2019 Judi Rolet Online Endbillcollections adalah 0 – 2