A few months ago a loan company contacted my girl friend saying her ex had not been keeping up with his school loans. She was falsely listed as a co-signer by him since he knew all her information as they were together for a number of years. So the loan company came after her for the funds. She filed it as fraud, but they just responded back that they don't have enough information to get her off the loan (they haven't been able to get in contact with her ex or his mom who is a co signer). She's contacted the police department where she's filed her fraud claim, and is awaiting the investigator to call her back. The loan company is saying she's responsible for the loan amount, that she never signed as a cosigner for. The loan company asked her to get in contact with the ex and his mom. I find this all absolutely ridiculous. Basically, identity theft no? What should be the next step? Take it to court?
The best advise I can give is for you and your gf to sit down and watch both seasons of Orange is the New Black. She's going to need to know how to survive in there once she's found guilty, and it will comfort you to know that you're not alone while dealing with life while your partner is incarcerated. Good luck.
How about hire a lawyer? As far as I know, you can't be a co-signer on a loan unless you... you know... signed onto the loan.
It is ridiculous, but it would be difficult to prove that she didn't co-sign on the loan especially since everything is electronic these days.
the loan company is just trying to bully you. I think you did the best thing by covering your bases by formally filing a potential fraud case. I would continue to document everything, when they call, what they say, what you say, etc. Bottom line, she needs to tell them she has nothing to do with this and never co-signed. Force them to provide the documentation of the alleged co-signed documents. Otherwise, they can go F themselves and see them in court.
One of the most important things that you can do as well is dispute the collection. The loan company must have already sent her documentation in an attempt to collect said amount of money. There in that documentation you will find the loan companies' attorneys. Send them a dispute letter via certified mail with a petition to show proof that she co-signed and there is an agreement in place with terms and conditions on when and how they can go after her if said events were to happen. You need to file a dispute letter within 30 days I believe of when you receive the collection threat.... Make sure dispute letter includes date and both parties.
Also if they cannot show evidence or certified proof that she co-signed for such a thing then she has absolutely no financial obligation. I'm going to make the assumption she is innocent and her signature was falsified. If this is the case then there is no way that the loan company can recover any finances from her. They should be going after him at JP already instead of trying to recover anything from her....
Thanks for the advice. She has said, she never signed any papers to cosign for him. The police investigator called her back, and said the DA office won't approve it because they used to be in a relationship, so they won't take up the case. Loan investigator has pretty much told her to get in contact with the ex and his mother. the Whole thing is pretty damn ridiculous. The fraud (loan) "investigator" claims he believes her, but needs more evidence before he can remove her from the account. I'm at a loss of words.....what else can she give him? She knew nothing about the loan till THEY contacted her.
Where are her signatures? I'd go for that. Show proof of her signing on the dotted line. I mean, have the ex or his lawyer show you the proof of her signing. It's going to be a fake signature, be forewarned. Hope you don't have to deal with it... support your gal, man. Don't make it worse. I'm glad you don't "work" for our HR Dept.
I'd suggest trying to find some past documented signatures and compare with what was signed. I find it really hard to believe it's that easy to throw someone on a loan without them knowing. Either your girl signed while having no clue, or this really happened. Sucks to hear that, but I would sue the lender.
Apparently it was signed electronically with out her knowledge, so there aren't any actual signatures. Just seems to insane, that fraud like this could happen. And being electronic, it seems damn difficult to prove she didn't consent to being a co-signer.....that's what they keep saying is they need more evidence to get her off the loan. Baffles me that it's so easy to commit the fraud, but so difficult to prove your innocence that it is in fact fraud, and so she should be free from the contract.
I don't see how you can provide evidence of something you didn't do? Unless she could get the ex to admit he falsified it?
This is not my area of law, however I can tell you from the outset this isn't kosher. Contact a consumer lawyer immediately. This loan company officer's actions towards your SO may have some liabilities and remedies under the Texas Debt Collection Act and others. Anyone with a smidgeon of knowledge of commercial paper will tell you even a holder in due course has zero claims against someone with a real defense like your SO (fraud/unauthorized signature in regards to comaker liability).
yeah. "It gets better." Apparently they signed as her for a co-sign on a parent loan of his mother's for his school loan. His mother is the account holder. So a loan of his mother's for his loan. I think it's complete horse **** how the loan company is treating her. They told her today, that if she will email him and get him to write that she didn't have anything to do with the loan they'll "give him options". So essentially, they are bullying her to try to get in contact with them..... Seems like a lawyer is going to have to be the option....haven't had any experience with hiring one. Thanks everyone for your advice.
That sucks ass Sounds pretty recent too Does it make a different if this is agency versus the originator? Sounds like he went to one of those 'for profit' schools. Rocket River I hate Collectors .. . .
First I don't believe that your current girlfriend didn't agree to to be a co-signer for her ex-boyfriend. It is very common and usually involves credit checks and several additional steps. At this point sit her down and let her know it will be an issue if she did agree to be a co-signed. Next, if she insists she didn't sign or agree, then have her send a certified letter spelling out that she never agreed to be a co-signer and is demanding proof. If that doesn't solve the issue, then get an attorney.
This is going to get very messy, and possibly expensive. The only course of action right now is she needs to lawyer up, and have the loan company restrained from contacting/harassing her.
tl;dr version of thread: don't stick your d***/vag in crazy, and if you do, make sure you know a good lawyer
