If I received info claiming I took a student loan out but it was 2 years after I finished college, how can I dispute this and get my garnished money back?

UPDATED: Mar 6, 2012

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If I received info claiming I took a student loan out but it was 2 years after I finished college, how can I dispute this and get my garnished money back?

I have received information stating that I owe a balance of nearly $20K in student loans taken out 6 years ago. I went to college but it was 2 years prior (8 years ago) and all student financial fees are paid for with a statement showing all balances are paid. I have been getting harassing phone calls about a supposed debt I owe for student loans, they have garnished wages and even taken my federal income tax return. After having the loan promissory note and information sent to me, it became even more obvious that these loans do not belong to me. My signature is not on the loan paperwork there is an electronic signature but not a physical one. The amounts are very strange of the 4 loans taken and while they have my address correct of where I lived at the time that the loans were taken out, there is no school listed and I went to college in a different state than I lived in the time the “student loans” where taken out. Where can I go from here? What is my next step?

Asked on March 6, 2012 under Bankruptcy Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you are having your assets garnished with respect to a loan that you do not owe you need to immediately consult with an attorney that practices in the area of consumer debt law. From what you have written, it seems as though there is a judgment against you. If there is a judgment against you, then that means that there has been a lawsuit filed and possibly a default judgment entered.

The situation that you are writing about may be one of mistaken identity between you and some other person. Most likely an attorney who practices in the above field that I have written about may be able to assist you.

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