Victory Against Educap – Lawsuit Against Client Dismissed

A client was sued by Educap, Inc. on an old student loan account.  Many people are under the impression that there is no statute of limitations on student loan debts. That’s true as to government student loans, but not true as to private student loans.  If the lender or servicer waits past your state’s limitation period (in Indiana, it’s 6 years from when the loan went in default), you can use the statute of limitations as a defense to payment. In addition, if you are sued on a debt that is past the statute of limitations, you likely will have a claim for damages against the suing law firm for violating the Fair Debt Collection Practices Act.   That’s our next step.