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I am an employee at a day care center who an employee took…

Customer Question
I am an employee...

I am an employee at a day care center who an employee took out a loan using the center as a co signer the payments got behind and the person failed to notify the center and now the loaner has frozen the account of the center demanding payment in full which will cause the center to close it is a not for profit institution surviving only on state funds do we have any alturnatives

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

Submitted: 8 months ago.Category: Legal
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Answered in 3 minutes by:
10/27/2017
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 12,457
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thanks so much for your patience. You may need to sue for fraud against the employee of the day care center if the center did not authorize to be the co-signer. One of the things that you may also need to do is explain to the loan servicer that you did not authorize the day care center to be a co-signer, so they may have a separate cause of action for fraud against the employee, but that if they were to pursue this debt, then they may face a lawsuit under the fair debt collection practices act themselves. Under the Fair Debt Collection Practices Act at section 1692(e), it is unlawful for a debt collector to say that you owe a balance when you do not. In the future, you may want to consider just writing a cease and desist letter (click here) for all collection attempts under the FDCPA and to help persuade them to unblock your account. Lawyers use letters like these on the regular basis to enforce their client’s rights. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation. If they continue, then you should file a complaint with the FTC regarding their actions.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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