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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12908
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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2nd opinion - My ex-boyfriend is trying to say

Resolved Question:

My ex-boyfriend is trying to say I signed his name on a school loan that took place over 6 years ago. I do believe that he gave verbal constent for me to sign his name on the document. I don't remember alot of this transaction, however do to the times I lost my job and could no longer afford the loan payment (which is throught a private company). He claims it just came up on his credit report however I spoke to the loan company and they said the first time I went 30 days was in November 2006 which they reported that it would have been on at that time. However, back in November of 2010 he told me if I did not pay the full amount if the loan that I was going to pay for it because I was messing up his relationship with his current wife. What is the statute of limitations in Ohio for this type of crime and what should I do?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 3 years ago.

Alex Esquire :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex Esquire :

Are you online with me?

Customer:

yes

Alex Esquire :

Basically, it is illegal to sign someone's name whether they give you permission or not. It is classified as forgery/bank fraud/wire fraud. These charges can be pursued on state or more often federal level. The federal statute of limitations is 10 years on such crimes against the banks.

Alex Esquire :

Have there been any criminal charges filed or a criminal investigation started against you?

Customer:

no he just stated that he filed a police report

Alex Esquire :

Well, that is not good. I would suggest two things:

Alex Esquire :

1) consult with an experienced local criminal attorney and do not discuss this matter with anyone until you consult with this local criminal attorney.

Alex Esquire :

2) contact the lender and see if you can work out some type of repayment plan/arrangement

Customer:

i have already contacted th lender to see if I could work something out and when I did that they stated that I had already called them with that type of agreement when in fact I hadn't. His wife had called and pretending to be me to get information about the case.

Alex Esquire :

Well, it doesn't make sense for her to do so, as your ex as a co-signer could have contacted them himself.

Alex Esquire :

But I believe that it might as well be the case. In this case you would need to set up some type of password/verification so the bank/lender would not speak to your ex's wife

Customer:

He has known about the loan for years and said that I am ruining his credit however he just had his car repo about 2 months ago. I have the name of the guy in which I spoke to that day, also he stated that when you go past 30 days it shows on the credit report and the first time I went 30 days was in nov of 06. so won't he have to prove that he did not run his credit in 4 years?

Alex Esquire :

The statute of limitations in federal court is 10 years. All he would have to prove that you have signed the application/promissory note for him. The simple fact if you forged his signature makes it a crime, a felony, whether or not he gave you permission.

Customer:

why would it be in federal court? it is a private loan company. the statute of limitation in ohio is 6 years

Alex Esquire :

It is a BANK

Customer:

no

Alex Esquire :

Any bank fraud cases would generally be under federal jurisdiction.

Alex Esquire :

It is a financial institution.

Customer:

no

Alex Esquire :

Only financial institutions can legally lend money for student loan purposes.

Alex Esquire :

What is the name of this lender?

Alex Esquire :

Also where is this lender located?

Customer:

TFC corp. I am not sure where the lender is located at I think they are based out of Calfi? Not sure because it was so long ago.

Alex Esquire :


They are in California and NY. So this is an interstate transaction. That makes it federal as well. Also this is a credit corp and is considered a financial institution.

Alex Esquire :

What is the total amount of the loan in question?

Customer:

so whats going to happen then? I have not been contact by anyone in this matter, 6,000

Customer:

he told me back in November if I did not take care of it that I was going to pay for it. I have no job and I am single mother which he pays no childsupport for.

Alex Esquire :

Well, as I said at this point you do need to see a local criminal defense attorney who can review all the facts and contact all the parties and see if this can be worked out or in alternative this attorney can suggest the best defense strategy in this matter.

Customer:

ok thank you

Alex Esquire :

Unfortunately, while I do sympathize with you, the other factors are not relevant.

Alex Esquire :

Does your ex live in the same town as you?

Customer:

yes

Alex Esquire :

When was the police report filed?

Customer:

They do have to contact me correct before they can file any criminal charges correct? I am not sure he stated that it was about a month ago

Customer:

I just found about it tonight

Alex Esquire :

No not necessarily, if the law enforcement local or federal find a probable cause you can be arrested at any point.

Customer:

should i contact them first or a lawyer?

Alex Esquire :

Local criminal attorney can get a copy of the police report filed and look into what is going on as far as any potential investigation.

Alex Esquire :

I suggest you contact an experienced local criminal attorney before you do anything else.

Customer:

okay, thank you. I have to get to bed I am a nursing student and have finals tommorrow.

Alex Esquire :

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Bonus and Positive Feedback are always appreciated. Thank you and good luck!

Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12908
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 7 other Criminal Law Specialists are ready to help you

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