US Dept of education is threatening garnishment for fraudulent loan!?

Question

Within the last year we started getting collection letters with someone elses name, our address, and my husband's ssn. I call the collection co. and told them of the mistake and I wrote a letter. We filed a police report. The collection co sent another letter, and when I called again and asked for the origination of the loan, they refused to give it to me. The agency told me to send them a copy of his driver's license and a copy of his social security card. This sounded like a bad idea to me so we didn't. Another trip to the poice dept. Flags on credit reports. Now, several months later we have gotten a letter from the US dept of education telling us that they are going to offset his wages and/or federal return unless we pay in full. I called the number. They said we needed to send a copy of DL, SS card and birth certificate. Doesn't this seem strange? Btw, the loan was originated 30 years ago. My husband was 7. Should we get an attorney? Should we send the info? Real help, please.

Answer 1

No, this is not strange. Go ahead and send the copies the US Department of Education requested. Also, send a copy of the police report. If this does not resolve the problem once and for all, then retain a lawyer who specializes in cases such as this.

Also, don't be surprized if you find out that a relative was responsible for this fraudulent loan. Statistics show that a high percentage of identity theft originate with a family member.

Answer 2

1

Answer 3

If you got a letter from the US dept of Education demanding money, the only way to clear this up is to work with them. If they required you to send proof to say who your husband really is, I don't see why not send them the information that they need to clear your husband's name. If you drag this out too long, it may hurt your husband in a process. US dept of education is a legitimate organization, not some loan scam. They probably got wrong information from someone who used your husband's name. Sounds like an Id theft case.

You should handle this yourself before getting the lawyer involve. All they do is taking your money which something you can do it yourself. I would send them certified mail to make sure that they receive it. The only thing the lawyer can do is to prove that your husband didn't apply for this loan because he was only 7 at that time. How does he do that? To send the birth cert to the US dept of edu.

I applied student loan through financial aid while I was in college. I never had any problem with the US dept of edu.

Answer 4

send them COPIES of documents they are requesting. That is the only way to prove your husband was a minor and therefore could not have originated the loan. If that doesn't work get a lawyer, but do careful research b/c you may pay a lawyer big bucks and not receive a cash judgement in the case. Definately sounds like a relative took your husbands name and cashed in.. Anyone in his family have any college degrees or semesters earned 30 years ago?

Answer 5

DO NOT SEND anything to anyone! Yes, get an Attorney and let he or she send a letter to them on legal letterhead and see if this can be resolved.

I do not know about student loans but do they have to first get a judgment on these loans or is it like the IRS and they can just take the funds? I SUSPECT, notice I said suspect that they would have to get a judgment first.

SEND NOTHING out of fear!

Answer 6

call your US congressman's office and/or your US senator's office.

they have staff who like to help consumers beset by the Federal machinery.


I'd then send a copy of the various police reports in to DoEd. Like you, I'm trying to avoid having my DL number escape my control and sometimes that just isn't going to happen.


GL