If someone uses your name to sign a student loan without your permission, canyour name be removed from the loan?

Get Legal Help Today

 Secured with SHA-256 Encryption

If someone uses your name to sign a student loan without your permission, canyour name be removed from the loan?

Does the individual have to file a police report? Will the lender press charges even if the individual is making the loan payments? Can the government take action?

Asked on July 12, 2011 under Bankruptcy Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) No one can obligate you to a loan against your will or without your permission, and falsely signing another person's name to a loan will not bind you to that loan. You can void the loan if you can show or prove that it was not you that signed and that the person who signed for you had no authority to do so. The main issue will be establishing that you did not sign or authorize the loan.

2) You *may* have to report the matter to the police; you should first contact the lender and tell them; they may then require that you report this to the police as identify theft and/or fraud, to establish that this truly unauthorized (and not that you and the other person are someone collaborating to defraud the lender). Even if you don't report it to the police yourself, it's certainly possible the lender will.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption