Legal Question in Education Law in California

We have 3 individual student loans with National Collegiate Trust, being serviced by American Education Services. AES did not informed us that they were dumping all our payment to 1 account numbers. Payment was not recorded properly to each loan, but the payment was received by NCT. It showed that we were not paying the other loan, but one of the loan, became overpaid up to 2 years. AES did not informed us, we found out, when NCT hired Patenaude & Felix lawyer, and was able to get defaulted judgment. All the court document that was filed against, we did not know except, when we browse the Website of Superior Court, of Orange where we found completed court documents, which we have no knowledge. They filed salary garnishment, but was dismissed by Sheriff Office of Santa Ana, on 01/19/2015. We again, received a memorandum for cost and demanding us to pay within 10 days the amount of $4,800. We are going to file a motion to tax because we believe this memo for cost and the defaulted judgment was fraud. Please let us know if this is good reason, that it was fraud from the beginning?

Asked on 4/27/15, 5:57 pm

1 Answer from Attorneys

Andrew Harrell W. Andrew Harrell, Attorney at Law

It sounds as if this debt collection lawyer failed to serve you with the civil complaint, but somehow persuaded the court to accept a default judgment. You need to hire a lawyer to have this judgment set aside for improper service.

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Answered on 4/27/15, 6:36 pm

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