Patrick Austin is a licensed attorney with a background in data privacy and information security law. Patrick received his law degree at George Mason University's Antonin Scalia Law School, where he served as the Editor-in-Chief for the National Security Law Journal.
Co-Founder of SoloSuit George Simons, JD/MBA
George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary:
If you have been sued by EduCap, be sure to file a written Answer with the court to avoid default judgment.
This will give you time to negotiate and settle the debt outside of court. Solo can help you
respond, negotiate, and resolve your debt lawsuit.
Are you being sued by EduCap for outstanding student loan debt? Then you're going to want to stick around to hear
what we have to say. Being sued by anyone can be a trying time and it’s perfectly understandable to feel anxious and
overwhelmed. Solo is here to help.
It is important to keep in mind that you have legal rights and options to effectively and efficiently resolve your
debt issue. For example, you may be able to negotiate a settlement with EduCap for a lesser amount than what is
owed.
Settle debt with EduCap
You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.
EduCap, colloquially known as Loan to Learn, was initially founded by a
Catholic priest in 1987 as a way to help students get the funding they needed to attend college in the District of
Columbia. Specifically, students who didn't qualify for government aid. They came here to take out loans for college
and pay them back later.
Father John Whalen designed his organization – not yet named EduCap – to get private funding for students who were
otherwise unable to attend college. However, a year later, Catherine B. Reynolds came aboard as the chief accountant
and changed the name to EduCap.
Find the EduCap phone number and contact information listed below:
EduCap, as the name implies, focuses primarily on collecting education-related debts, specifically student loan
debt. If you’ve defaulted on a student loan from Educap (aka Loan to Learn), the company will contact you about it,
and your credit score could suffer.
Read EduCap reviews online
If you are looking for information about what consumers have said regarding their experience with EduCap on an
unpaid debt, then take a moment to read these reviews:
Despite EduCap’s online reviews being pretty mixed, this should not deter you from taking steps to engage with them
in an effort to resolve the debt collection matter. Many debt collectors, including EduCap, are open to working with
individuals to resolve their concerns and get their debt paid in a manner that works for them, based on their
current financial situation. Proactive communication is the key.
If calling a debt collector to negotiate doesn’t sound like your idea of fun, try using SoloSettle to negotiate online and resolve your debt through the
digital settlement platform.
Negotiating a Debt Settlement with EduCap
No matter where you are in the debt collection process, you still retain the option to try and negotiate a debt
settlement. For context, debt settlement negotiations entail conveying an offer that asks EduCap to accept a lesser
amount than what is owed (typically a percentage of the total amount owed). Many debt collectors, including those
with EduCap, are open to considering a debt settlement, especially if you make a reasonable offer of a lump sum.
Here are some steps you can take to try and negotiate a debt settlement:
Determine what amount you can realistically pay towards the balance of the debt. For example, if you could pay
40 percent of the amount owed and still have enough money left over to cover your living expenses, then that
amount could be your guidepost during negotiations.
Contact EduCap and convey your offer via a debt settlement letter. It is
recommended that your opening settlement offer be lower than the number you calculated in Step 1. Why?
Because it provides you with some room to negotiate upward, in the event the EduCap debt collector declines to
accept your first offer.
Make sure to engage in written settlement communications with EduCap and continue to use written communication
throughout the debt settlement process.
If you are able to reach a debt settlement agreement, memorialize the terms in a Debt Settlement Agreement for
both you and EduCap to sign.
Be sure to pay the agreed amount in a timely fashion.
Learn more about how to settle your debt with EduCap by watching this informative video:
Sued by EduCap? Use the right defenses
All right; first things first. Now that we know what EduCap is all about, it gives us a better idea of how to
engagae with them. As a buyer of student debt, EduCap has the unfortunate duty (fortunate in your case) of producing
some very crucial evidence.
First, they have to be able to show the court that they are now the legal owner of your debt. This means proving
that they purchased your student debt from its original source and are now legally obliged to collect on it.
Second, EduCap has to produce the original source documents, commonly referred to as the loan itself. Sounds
straightforward enough, right? For many collection agencies, it is. But for EduCap, history shows that they
sometimes have a hard time providing sufficient information to the court.
Sure, they are likely to have some documentation. But will they have all of the required documentation?
That remains to be seen. Unless EduCap can do so, you have a very good chance of beating them in court.
However, you need to play your cards right because many debt collectors will demand full repayment. Nevertheless,
you have the ability to engage in productive settlement negotiations (see above). Those negotiations could result in
an amicable resolution to your debt issue.
Should you hire an attorney to represent you in court?
Had EduCap merely asked you to settle by paying a fraction of your loan total, they could have gotten some money
from you, made a profit, and called it a day. The problem, though, is that EduCap is likely to want the complete
loan total, so that means going to court.
EduCap is probably banking on a couple of things. One: that the judge will award them the victory based on what
little documentation they have. And two: that you won't know your
rights and will roll over for them and their demands.
There is a possibility that the judge will side with EduCap if you don't know your rights. And even if you do know
them, you're going to need to know exactly what to say and when to say it. If EduCap is putting pressure on you in
court, it's understandable if you buckle.
This is where an educated attorney can defend you in court and make
sure that this doesn't happen. As such, you will benefit greatly by hiring an attorney to represent you in this
matter.
Again, EduCap is most likely to present a fair amount of documentation to the court. An attorney can effectively
weed through this information and ensure that neither you nor the court plays into it.
Unless EduCap can produce irrefutable evidence that they are now the proud owner of your outstanding student debt,
and they can show the court the original debt, your attorney can bring this to the court's attention, get awarded a
judgment, and you'll be on your way.
Without a lawyer present with you, the opposing counsel could seek a continuance to gather the paperwork they don't
have. And they might just get it if you don't have counsel to put a stop to it. At that juncture, you'll get the
judgment and won't have to pay EduCap anything.
Remember, they very likely could have gotten a partial settlement from you and made a profit. Now, they're out of
everything, court costs included.
As sure as you might feel in winning your case against EduCap, you never know what will happen once you get inside
the courtroom. Having a qualified student debt attorney in your corner will dramatically improve your chances of
getting a positive outcome.
Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.
If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.
Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.
Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.
Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.
We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.
Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.
Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.
Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.
Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.
Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.
We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.
You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.