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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22691
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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Our daughter took out student loans on line and put us (the

Customer Question

Our daughter took out student loans on line and put us (the parents) down as co-signers without our permission. There was nothing we signed. She is not able to make her payments and know they are coming after us. Is there anything we can do?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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If you did not actually sign anything agreeing to be co-signers on the loan, then you can't be held accountable for the debt if the primary borrower defaults. One person can't pledge another person as a guarantor unless they have a power of attorney for them, which I assume isn't the case here. So if daughter forged your names on something, then that is an issue she will have to deal with if the creditor decides to pursue it.
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With that said, you can send them the form letter below and modify it to fit your particular circumstances. If they can't validate the debt by providing proof you actually owe it, then they are not legally able to contact you about it and you can sue them for $1,000 for each contact after they receive the letter and have an opportunity to respond.
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November 3, 2012

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Your Name

123 Your Street Address

Your City, ST 01234

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ABC Collections

123 NotOnYourLife Ave

Chicago, IL

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Re: Acct # XXXXX

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To Whom It May Concern:

.

This letter is being sent to you in response to a notice sent to me on September 30, 2011. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

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This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully XXXXX XXXXX your offices provide me with competent evidence that I have any legal obligation to pay you.

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Please provide me with the following:

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What the money you say I owe is for;

Explain and show me how you calculated what you say I owe;

Provide me with copies of any papers that show I agreed to pay what you say I owe;

Provide a verification or copy of any judgment if applicable;

Identify the original creditor;

Prove the Statute of Limitations has not expired on this account

Show me that you are licensed to collect in my state

Provide me with your license numbers and Registered Agent

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At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

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Violation of the Fair Credit Reporting Act

Violation of the Fair Debt Collection Practices Act

Defamation of Character

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If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

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Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

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If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

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I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

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It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

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Best Regards,

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Your Signature

Your Name

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That should end the matter because if they can't come up with something you signed as a co-signer, then they are out of luck in trying to collect.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

What will happen to our daughter? Could she go to prison?

Expert:  Barrister replied 1 year ago.
It is pretty unlikely that the creditor would actually pursue criminal charges against her simply because it eats up their time and money and isn't any more likely to get them their money.
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Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22691
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 8 other Legal Specialists are ready to help you
Expert:  Barrister replied 1 year ago.

Thanks so much for the positive rating and generous bonus, it is very much appreciated!

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It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do everything I can to help or get you to someone who can.

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Barrister

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