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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My, husband forged my name student loan in 2001. He is now

Customer Question

My, husband forged my name for a student loan in 2001. He is now in default and they are coming after me. I am 65 unemployed and drawing SS . What are my rights?
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good afternoon Sandra,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
Obviously, if you did not sign the student aid application and instead it was forged by your husband, you are not legally responsible for the debts that your husband defaulted on, and as such, the feds may not seek collection against you for the debt.
You have nothing to lose by providing them with a statement to the effect that you did not sign the document. The fact that he has admitted already that he forged your name is ***** ***** they really need to drop you from any collection effort. With such a confession, they likely will never spend the money to have the signature professionally analyzed.
Obviously, the worst case scenario for you would be if they were able to prove that the signature was yours. In that instance, they would be able to garnish your social security benefits. However, federal law limits the amount of garnishment against your social security that the government can take for a student loan default. Under the law, the worst case scenario for you would be a 15 percent garnishment of your social security benefit, provided your remaining monthly benefit doesn't drop lower than $750. If it were to drop below that level, they would only be able to take a lesser percentage. And it is correct that any refund you may have coming from the IRS might be seized.
Your new spouse will in no way be effected by this debt---even in a worst case scenario. However, because you could be personally sued and any real estate that you own could have a lien asserted against it by the holder of the note (collection agency), it is a good idea that until this gets cleared up and you are relieved officially of obligation on the forged note, that you not allow your fiancée to place your name on any title (deed) to real property that they might own.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
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I wish you and yours the best in 2015,