How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37100
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Type Your Legal Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

A family member asked me to cosign a student loan for her son

Resolved Question:

A family member asked me to cosign a student loan for her son for about $5000.00 I gave her my information. Later she tells me it was for about $20,000.00 I told her no. Either her or her son proceeded with it, without my authorization. When I found out they told me they were going to straigten it out, but they never did. I am getting calls because the loan is not being paid. I contacted them and told them that I did not authorize the loan and that I never signed any documents. I asked them to produce the loan agreement with my signature. They could not produce it because I did not sign it. I was then told that it was done electronicly. I did not know that you can cosign with out a signature. I would think that somewhere along the way a signature would be required.

i have told the several times that I had nothing to do with it. There answer was if you discussed the giving the signature for $5,000.00 then you are responsible for the $20,000.00 which is now about $30,000.00 with interest. This is now affecting my credit. Can the force me to payor put a lein on me if I did not agree or sign any binding document. How can I get this resolved. I thought about reporting this as identity theft, but I don't know which one did this and we no longer speak. The other thing, it is family do I have to get them arrested.
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question.

May I ask, when was this loan taken out?
Customer: replied 2 years ago.

Not really sure, I think maybe 7 or 8 years ago. They kept stalling me telling me that they were going to pay off the interest for two years and that it woud be taken off my name. then they told me they were consolidating the loan.

Expert:  Dimitry K., Esq. replied 2 years ago.
Oh, I see. I am sorry to hear that. What state was it signed in? I want to look up the statutes to see what if anything you can argue here. Thanks.
Customer: replied 2 years ago.

She lives in NJ he live in PA Drexel college. Please understand I did not sign. The loan people told me it was over the internet. I told them check The IP address. The email address they used for me was his email address. They provided me with a copy of the form which does not have my signature on it. It is blank. My last name was misspelled also. Shouldn't they have sent me something to sign via the mail before they approved the loan?

 

Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up.

Please permit me to provide a quick disclaimer, although it will not in any way change my response. Drexel happens to be my alma mater, and I happen to practice both in Pennsylvania and in New Jersey. One quick question, please--was this a private college loan from Drexel, or an another third party?
Customer: replied 2 years ago.
I believe it is sallemae or something like that. I don't believe it is private. Yeah I am pretty sure it is sallemae. Please also understand that if I have them arrested my 80 year old mother has a bad heart and this will kill her.
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up.

You will likely not be able to arrest them since you are in an uncomfortable position yourself. You have about 2 years to bring a cause of action against the other parties for the loan and since that did not take place, even if there is fraud there (highly likely), it is no longer actionable since you are beyond the statutory period. The best option here is to contact the lender and claim you never consented, and have them provide proof that you signed off as a co-signer. Having said that, student loans can be "e-signed" so there might not be an actual signature, but if someone utilized your information without consent, that is identity fraud. I am afraid that to actually fix this situation you very well might have to consider retaining counsel so as to fight the lender and get a ruling to remove your name; otherwise I do not see them budging especially if you tell them that you did agree to a lesser amount; under law if you consented, then it is irrelevant under what amount unless there is something in writing denoting that limitation.

I am sorry.
Customer: replied 2 years ago.
They knew what they were doing, that's why they stalled me. Shoundn't sallemae have sent me an authorization for me to sign via the mail. Can they garnish me, take money out of my bank account or put a lien on my house. Do I need an attorney here or in PA?
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up.

No, for a student loan either a signed certified notice or an e-signature is sufficient. If they choose to pursue you, they can garnish your wages, place a lien against your property, and they can pursue a bank levy as well. You would need a local attorney in the state where you are located, as that is where they would have to pursue a collection judgment against you.

Good luck.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37100
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

How can I protect my home

Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up.

My apologies but that question is beyond the scope of your original post, which asked about student loans and your options. If you wish to have the answer to your subsequent question, JustAnswer policy asks that you create a new post and have an expert assist you. If you wish to work with me, you can title it "For Dimitry..." and I will then be able to assist you. Take care, and if you found my previous information to be useful, please do not forget to press "accept".

Sincerely,

Dimitry, Esq.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.