The agency that had the loan started garnishing my wages in 2004 despite the fact I informed them it wasn't my signature on the loan. I filed an affadavit of forgery, sent them copies of my signatures and filed a police report. The police indicated they would not arrest because it happened in 1992 and I filed a report in 2006. What are my options and I am legally held to this loan. The loan is a student college loan for her daughter, my step daughter.
2007-10-25 09:48:12 · 7 answers · asked by nycblues1122000 1 in Business & Finance ➔ Credit
You are not liable for a loan based on fraud. Wow thats a bad one!! You must make sure the credit reporting agencies all show identity theft regarding this loan and make sure you actually filed a complaint with the police. If there is a judgment against you, you must file an order to show cause to vacate the judgment based on ID theft to get it off your credit bureau. But with student loans dont need a judgment to garnish wages.
2007-10-25 13:21:25 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Get a lawyer and have the signature on the loan analyzed. If the handwriting in the signature doesn't match yours and matches her, its called fraud and she is up a creek without a paddle.
Even if the police won't press charges, get a lawyer to file the motions in court and push the issue. If she falsely signed your signature and you can prove it in court, she will have to assume responsibility for the loan. Tell the bank you are going to file a motion in court to dispute this issue. Key is getting an expert to verify that the signature is not yours and you did not sign the paperwork.
Hope there is not a statute of limitations because you waited to long to address the issue in court. If you can't get that done and get the court to overturn the decision, you're up a creek without a paddle.
2007-10-25 09:59:22 · answer #2 · answered by Rob 2 · 0⤊ 0⤋
If you are still married to her, not much.
If you are divorced, you can sue her for the money.
If you want to try, you might try suing the agency and the loan originator for failing to notify you of the loan on a timely basis and get the garnishment stopped by court order.
2007-10-25 09:53:42 · answer #3 · answered by Mike1942f 7 · 2⤊ 0⤋
Legally, if married, she could use your signature. But on loans or other large money valued purchases, the lender is responsible for seeing i.d. as well as they are supposed to have both people present when the transaction takes place. You can sue the lender for not verifying your aggreance in the matter of the loan.
2007-10-25 09:57:47 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Get a lawyer and sue. You should have done this as soon as the state started garnishing your wages.
2007-10-25 09:51:32 · answer #5 · answered by Teresa 3 · 0⤊ 0⤋
You need a lawyer. If they can't get you out of the garnishment, maybe they can help sue your ex and her daughter to recover what you've paid.
2007-10-25 09:55:19 · answer #6 · answered by bdancer222 7 · 0⤊ 0⤋
You need to contact the lender. You need a temporary restraining order until it get sorted out. If they've acted improperly, ask them for the money back, plus attorney's fees.
And tell your wife "THANKS HONEY"
She sounds like a treat.
2007-10-25 10:26:23 · answer #7 · answered by Anonymous · 0⤊ 0⤋