A Fraudulant Student Loan

Updated on October 06, 2011
D.S. asks from Katy, TX
6 answers

ok so my so is getting half of his check garnished for a student loan he didn't take. Supposedly it is for a school in California. He can not even get information on which school it is supposed to be. He was in the navy at the time and lost his wallet. This loan is over 20 yrs old and he is just now finding out about it. 3 days after the notification to him they started the garnishment. with this being a federal loan it has no statue of limitations. He called the credit bereaus to do a fraud report on it. They told him he would have to file a police report. So he calls the police to do a report but since it happened 20 yrs ago in a different state they can't take the fraud case. What type of an attorney do we need? Has anyone had anything similar to this happen to them if so what do you do about it. Is there a way to stop the garnishment without waiting 3 months. It seems to me the garnishment is an actual fraud. but how do we prove that. and why is it just now showing up. they are going to send him a thing to do an signiture sp? match on. but this sounds like a really far fetched story.

They will not tell him the name of the school or give him any information on it. Why did they wait 20 yrs to contact him and garnish him. How do we find out if the garnishment itself is an actual fraud. The letter he recieved on the garnishment didn't even have an attorneys phone number on it. He is beating himself up over this and the fact that we have had 800 in car repairs on his car in the last month and a half. and we are in beyond a tight spot right now. if the garnishment is an actual fraud and he sends in a signature thing then they will have his signature on file to do more frauds with. I don't trust this whole situation.

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So What Happened?

we were refered to legal aid and the attorney generals office. I noticed on the letter it said they didn't need a court order but he fraud dept of the police dept refered us to the attorney general.

More Answers

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C.B.

answers from San Francisco on

First of all, I would ask my employer for a copy of the paperwork that they received to garnish the wages. Next, I would contact the credit bureaus and let them know you are disputing this debt. Then, I would write a very detailed letter to the collection agency and include in it documentation about your husband being in the Navy at the time. If there is a garnishment, there must be a judgment. You could try search court records and getting a copy of whatever was filed in court, look for proof of service that your husband was served, and contact a civil attorney to ask that the judgment be set aside. Good luck! This must be a true nightmare!

2 moms found this helpful
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A.V.

answers from Washington DC on

I know for regular ID theft you can go to the FTC - http://www.ftc.gov/bcp/edu/microsites/idtheft/. I would start there. No contact information on the garnishment letter? No name for the school in question? Then why are they garnishing his check? What is the required information for garnishment? Can his employer tell him where the money is going?

Not sure if this would help, but maybe it's a start: http://www2.ed.gov/about/offices/list/oig/misused/index.html

2 moms found this helpful

M.L.

answers from Houston on

My parents were in a similar situation. They paid a private boys ranch type place over $10,000 for treatment for a sibling. About 15 years later, that company sold ownership. The new owners went in and 'redid' old files and contact my parents stating we owed them $10,000 or we would be sued. My dad is not a wealthy man, but he was fighting leukemia at the time and took out a bank loan to pay it off be/cause he didn't have the time, health or energy to fight it.

People like this make me absolutely sick. I have no clue the type of attorney to look for, but I would look in the phone book. From what I know, "white collar fraud" such as this is handled by criminal defense attorneys. I would not sign the signature without an attorney to translate the paperwork. I would also contact the police in the city it took place in to file a report there, they should be able to do it over the phone.

2 moms found this helpful

J.W.

answers from St. Louis on

Call your husbands payroll department. I do payroll and the court documents we are sent have a lot more information than you seem to have. Might be an easy place to start.

2 moms found this helpful

J.B.

answers from Houston on

Start with your husbands company, they just dont garnish a check without substantial proof. There is more to the story, get them to cough it up!

1 mom found this helpful
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M.M.

answers from Lake Charles on

If it is a federal loan then it's not fraud... if it's a regular loan they are just saying is federal then yeah, it's probably not legal. He should have had SOME sort of contact about it before they started garnishing his wages and the fact that they refuse to give him info about the loan?! I can't imagine how pissed you are! I'd get in touch with the FTC, get as much info on the company as you can and just be like "they are taking money from us and they won't give us any information about it.." I would have already lost it on these people.. but no attorney's number and no info smells like a scam to me.. or at least a very illegal way to collect on a debt.

1 mom found this helpful
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