I have two private student loans that the company is filling a lawsuit against me in Iowa. On the master promissory note for one it does not list an amount. Can I file something to ask for proof of the debt since it appears they did not put an amount on the paper I signed.
The next step we would recommend is legal advice, and an attorney cannot give legal advice without forming an attorney-client relationship with you.
That said, they will be required to prove their claim in the process. If you want to learn the process for defending yourself in court, I would recommend studying up. Nolo, for example has some great legal guides for those wanting to embark on such a task. I've attached a link, below.
The comments listed here are of a general nature and are not offered to create a formal attorney-client relationship -- that is, I am not, and I cannot give you legal advice here. I am Iowa licensed and, to become your attorney, I need to understand the particular facts and circumstances of your legal question and most likely meet you face to face.
In the interrogatories and requests for production of documents, request a transaction summary showing all disbursements, payments, late charges and other charges made on the loan. Ask for a definition of all codes used on the transaction history.
Answers and comments provided are for general discussion only. My comments are not to be considered legal advice and they do not create an attorney-client relationship.
Get an attorney and contest the law suit. The burden of proof is on the plaintiff to prove the validity of the debt and the amount. If you are considering a bankruptcy keep in mind that student loans usually cannot be discharged but you can probably force them to provide an accounting by disputing the claim. Get an attorney to explore all of your options but act quickly to avoid a default judgment.
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