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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118635
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am being charged twice by ITT tech for my sons college

Customer Question

Hi, Hi,
JA: Hello. What do you want help with?
Customer: I am being charged twice by ITT tech for my sons college loan. His signed agreement to the college was for 40k. I went down with my son to co-sign his loan and I thought that was everything. His agreement with the college, which I have a copy of was for approximately 40k. I didn't realize that they had taken out a parent plus loan on me which I had no knowledge of. I thought that I only co-signed for my sons loan. It turns out that they took out a loan for my son, which was without my cosigning it just for my son for 40k. They at the same time took out a loan on me for a parent plus loan which I have no idea how they did it.
JA: What state are you in? It matters because laws vary by location.
Customer: I have documented proof that we are paying 80k for a 40k loan. The IRS is taking money out of my social security every month. If you can help me I would appreciate it, thank you. *****: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 2 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You will be liable for whatever contracts you have actually signed. Even if they did not fully explain to you, it was your duty to read all of the documents before you signed them. So, this is going to depend on the wording of those documents you signed. In general, if they produce a note with your signature on the note, legally they can bind you to paying.
However, ITT Tech closed and is no longer in operation and is being sued for fraudulent conduct. So if you can prove to the court that the degree your son has is not being used because of the fact that the school was a scam school. If you can prove that you can seek to get the loan waived for that basis. So you need to start by contacting the student loan company and providing them proof that your son is not able to use his degree because of the scam school that has closed down and is being sued all over the US.
If they refuse to waive the loan, you will need a local consumer protection attorney and they will be able to seek to negotiate this and sue if they have to do so.
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