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Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102141
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband is being charged student loan that is clearly

Customer Question

My husband is being charged for a student loan that is clearly designated as my Sons Loan. The lender is ignoring the proof and is insisting on payment. It has ruined my husbands credit rating & reports. I am in the process of making Consumer Complaints but am at a loss of just what to say.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Ely replied 2 years ago.
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I am sorry to hear about this situation.
What your husband may wish to do is to file a lawsuit under declaratory judgment - see here.
A declaratory judgment is a request to the court to have it confirm rights/duties of a party in a supposed contract, as here. If the Court is shown that the loan company has the wrong person, it should render a judgment making him NOT liable, which can also be used to take this off his credit report via a formal dispute with each credit bureau.
Along with the declaratory judgment, he can actually file a secondary action in the same suit for a violation under the Fair Credit Reporting Act (false credit information), as well as Defamation (false statements)
Finally, the loan company may even be made to pay punitive damages if it is found that they did this knowingly or maliciously. Attorney and legal fees may also be assigned. Some attorney may take this for a contingency, meaning they do not get paid unless you do and/or the matter is resolved positively.
So there is a way to resolve it, but it may take going to court to do so.
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