If Student Loan Solutions LLC (SLS) is suing you, contact a consumer protection lawyer immediately. Law Office of Simon Goldenberg, PLLC, has handled many lawsuits and knows how to deal with creditors to protect debtors. To learn more about how we can help, contact Law Office of Simon Goldenberg, PLLC, for a free consultation at (888) 301-0584 or reach out to us online. We're here to help in your time of need.
Why Is Student Loan Solutions LLC Suing Me?
A lawsuit by Student Loan Solutions LLC is most likely related to a loan that has not been paid. Although you may not recognize the name of the company suing you, this may be because Student Loan Solutions LLC bought the loan that you started with another lending institution. SLS is a company that buys student loans from Bank of America at a discount and then goes after the full balance of the loan. They often hire creditors' rights law firms to sue borrowers.
We see many collections lawsuits from firms like Portnoy Schneck LLC and Roach & Murtha, P.C. Law Office of Simon Goldenberg, PLLC, helps people defend against these lawsuits and protects consumers' rights.
The three main claims, called causes of action, in a debt collection lawsuit are called: account stated, unjust enrichment, and breach of contract. A judgment against you on any of these claims will require payment of the total amount of the claim or allow the creditor to get money through wage garnishment or possibly by putting a lien on property you own.
Typical Legal Claims
Creditors and their lawyers are very thorough when they file a lawsuit so that they have access to as many legal arguments as they think might apply in a case. You may see causes of action that include:
- Unjust Enrichment
- Account Stated
- Breach of Contract
Each of these claims has a separate legal standard that a debt collector must prove to win their case.
Unjust Enrichment
The claim of unjust enrichment is a legal phrase meaning that the defendant got something of value from the plaintiff that wasn't a gift, and the defendant hasn't returned value back to the plaintiff. To establish the legal elements of an unjust enrichment claim, the plaintiff must show that:
- The defendant got a benefit from the arrangement;
- The benefit came from the plaintiff giving up something of value;
- On the facts of the case, the benefit the defendant received from the plaintiff had value, and it would be unjust to not compensate the plaintiff for the value received.
In the case of a loan, if the bank agreed to loan you money and you didn't pay it all back on the terms you agreed to, the plaintiff can claim that you have received a benefit at the bank's expense. The court can find that you have been unjustly enriched if you don't pay the money back.
Account Stated
A claim of account stated in a lawsuit means that the plaintiff sent an invoice for payment to the defendant, the defendant didn't object to the invoice or its amount, but the plaintiff didn't receive payment as demanded. The legal elements of an account stated cause of action are that:
- The claimant presented the account to the defendant;
- Both parties agreed that the amount due was correct;
- The defendant agreed to pay the account.
If you received loan paperwork that stated the amount of the loan and the repayment terms, but you didn't object to or dispute the claim and didn't pay it all back as agreed, the bank may have a cause of action for the account stated against you.
Breach Of Contract
In a breach of contract claim, someone signed a legal agreement to do certain things and didn't do what they agreed to do. In a lawsuit claiming a breach of contract, the bank must show that you signed a contract for the loan and agreed to repay it but haven't paid it. To make a successful claim for breach of contract, a plaintiff must show that:
- A valid contractual agreement exists;
- The plaintiff did what they agreed to do in the contract;
- The defendant did not do what they agreed to do in the contract;
- The plaintiff was damaged financially by the defendant's breach of contract.
When you apply for a loan and sign the legal paperwork, you enter a legally binding contract. If you don't have the creditor's permission to change any of your obligations under the agreement and you don't make all the payments, you have likely breached the contract.