Detroit, MI asked in Consumer Law and Contracts for Michigan

Q: Is there anything I can do at this point to get this fradulent debt discharged?

I was just served papers for debt collection on a private student loan originally issued by Chase Bank and now owned by National Collegiate Student Loan Trust. The original loan was taken out in 2007. I personally had no knowledge of this loan and the signature of borrower on the loan request was clearly and obviously forged. It looks nothing like my own signature. The cosigner was my now deceased grandmother. The note disclosure statement shows $0 paid to me and $30,000 paid to my grandmother.

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1 Lawyer Answer
Trent Harris
Trent Harris
Answered
  • Jackson, MI
  • Licensed in Michigan

A: It sounds like you and/or your grandmother may possibly have been victims of identity theft. Also, be careful, because this could itself be a phishing scam trying that get you to give up personal and financial information.

If what you are saying is true, you could contest the collection lawsuit in court by filing an answer that the debt is not yours. There are deadlines for filing written responses in order to preserve your rights. An attorney can assist you in preparing a defense and possibly getting you out of this.

As always, this is a response to a hypothetical based on limited information. Be sure to talk to a qualified attorney about the specifics of your case before taking action on any advice you get from internet discussion boards.

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