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State Student Loan SOL??

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wpagurl

Junior Member
What is the name of your state (only U.S. law)? PA

Newbie here hoping that someone can offer some sound advice. I'll try to keep this brief.

I went to college in PA in the early 1980's and partially financed my education with 4 loans from a small local bank. The promissory notes for the loans were under the Pennsylvania Higher Education Assistance Agency's (PHEAA) Guaranteed Student Loan Program (GSLP). Sometime in the late 1980's, the bank in question folded and the promissory notes were apparently acquired by a consolidated bank in Texas.

I eventually married and moved to Maryland. My husband, with my approval, handled all the budgeting and bill paying for our household.

We subsequently divorced and I moved back to PA in 2003. In April of 2004, I received a letter from Great Plains Capital Corp. At some point the notes for my loan had been assigned to Great Plains Capital Corp (GPCC) by Consolidated Loan Service and somehow ended up in both my husband's and my names. My husband had not only stopped paying on the loan but had also diverted all the correspondence from GPCC so that I wasn't aware what was going on. Until the April 2004 correspondence.

The collector told me that spouse had not followed up on discussions and correspondence they'd had back in 1996 (again, I had no knowledge of this) wherein my spouse had agreed to specific payment terms. The collector indicated that I needed to respond within 30 days or else he would pursue legal means to collect the debt, etc.

Unfortunately, I cannot locate a copy of my written reply but I imagine that I must have informed him that spouse and I had divorced, that I had no idea they'd corresponded and asked him to send me records of said correspondence.

He sent a copies of letters from him dated January 1996 and addressed to both spouse and I notifying us that the loan was in default; a letter to him from my spouse agreeing to payment terms; a print out showing a last payment received in August 1996; a copy of a PHEAA Repayment Schedule Disclosure Statement signed by me in August 1989 (apparently when the bank in Texas acquired the notes).

The truth of the matter is that I forgot about that last letter, dated May 2004. I threw it in a file and didn't give it another thought.

In September 2010, the same collector sent me a letter, following up on his May 2004 correspondence and offering me a payment plan to get the delinquent account resolved. I responded by sending him a DV request. He has since replied - sending me another copy of the PHEAA Repayment Disclosure - and of course offered me until November 15th to respond to his repayment schedule offer.

My question to the forum is whether this loan - not a federally backed loan - would fall under the same sort of SOL as any other type of debt. I realize that federally guaranteed loans (such as Sallie Mae and TERI) have no SOL for collections and/or legal action, but I'm wondering if a state loan would be the same?

Thanks for any insight or advice anyone can offer!
 



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