West Chester, PA asked in Identity Theft and Consumer Law for Pennsylvania

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.

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1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Wyomissing, PA
  • Licensed in Pennsylvania

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.

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