Q: Responsible for a student loan without a proof as a co-signer
My son’s information was used without his consent as a co-signer for a student loan. Now, the bank holds him responsible, although they don’t have his signature or agreement anywhere in written that he is a co-signer for that loan. The girl used his information two times in PA while he is living in NV. He presented all the necessary documents and letter explaining the situation to the bank, but they hold him responsible.
My question is – can we file in the local police a complaint for a fraud or identity theft, on his behalf, because he is disabled and can’t travel. We are his parents – can we file in the local police station on his behalf? What do we need from him?
This was the suggestion from Sallie Mae.
2. Can the bank starts deducting money from his disability pension without his consent? What can happen to him in the worst case? Again he never agreed or signed in written to become a co-signer.
A: First, consult a consumer lawyer. Go to www.naca.net If he gets called write down who the person is, time, date, exactly what they say. He should send a letter certified return receipt disputing the debt. If he didn't sign he isn't a co signer.
Next step is to file a complaint with the consumer division of the AG's office her and in New York. No bank should allow them to deduct anything unless they obtain a judgment. Worst case? He declares bankruptcy and tells them to stuff it.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.