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84 year old mom is being sued

Date: Wed, 04/13/2011 - 20:03
Submitted by on Wed, 04/13/2011 - 20:03
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My mom insists she did not co-sign private student loans for my nephew or his mother, my brothers ex wife. For my nephew the 1st student loan was in 2003, no payments made, for his mom she made a couple of payments in 2008. I looked up private student loans SOL in California and I think it is 4 years. I did contact an attorney for mom and he told me to just ignore it, they can get a judgement against her, but that the reality is they can't collect. Her home is protected by The homestead act, she gets social security and a pension from our deceased father. She has a few days to respond, should she or did the attorney give sound advice? In 2008 when we got her home protected we also had the attorney send a letter to the ex wife asking for documents with mom's signature, because we think they were forged, she of course ignored the request. It's pretty clear it was elder abuse, but mom isn't up to going to court, she gets confused and has some health problems. This potential judgement is really stressing her out. I went to the court house and saw my nephew hasn't been served at all. You see, I looked up the loan on line and saw that after they got the money they only made her home address and phone number available and took off their own.


Your mom needs to request a copy of the prom note. The attorney filing the lawsuit should have it. When she gets it, if it is not her signature, she will need to file a fraud report with your local police department. Present that to the court. Do not ignore it...the attorney gave you some really lousy advice. The summons needs to be responded to and someone needs to show up in court. They will put a judgment on her home and they will collect when the house is sold.

The nephew may have borrowed in 2003 but the SOL would not be calculated until the default date....that could be several years later. If she made a couple of payments, that would have renewed the SOL.


Submitted by SOAPLADY on Thu, 04/14/2011 - 02:50

SOAPLADY

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Thanks Soaplady, we actually called and she asked them for copies of anythimg and everything with their name on it and they told her it was not their responsibility. She can't afford an attorney. They loan was in 2003, so was due in 2007 and from what I can tell it would be November 2011 before Statute of Limitations was to expire. Also, why don't they garnish wages from the grandson? He is a healthy 27 year old male.


Submitted by on Thu, 04/14/2011 - 06:07

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You do not call....you send a written request for the prom notes via CMRRR...

Who was the guarantor?? Call them directly. Respond to the summons denying everything pending the prom notes...indicate you have made demands for the prom note to dispute the debt.

The cosignor is just as responsible for the debt as the student.....if they cannot locate him or he is not working, they may not want to bother. Have you given them the nephews phone, address, work information...bank account information would be good too.


Submitted by SOAPLADY on Thu, 04/14/2011 - 10:16

SOAPLADY

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Soaplady, you are wonderful! My brother actually has the their bank account number because he pays spousal support, we hadn't even thought of it. I will be requesting in writing the promissory note via CMRRR and deny the debt along with the requests the attorney who did the paperwork for her homestead act sent the ex wife asking for paperwork concerning the loan, especially the papers with her signature. As for the rest, yes we gave them his address cell phone number and the name address & number to his workplace. I hope they use it and get the shameful man.


Submitted by on Thu, 04/14/2011 - 14:14

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I'm sorry, was on a quick break at work when I tpyed that, AES/NCT is who the loan is through. We aren't sure who the guarantor is, because mom said she didn't sign anything and was never given any paperwork, she didn't know about anything until around 2007 when she began getting phone calls, because he had defaulted. We are guessing she is the guarantor. Sending out a CMRRR letter today to see if we can find anything out.


Submitted by on Fri, 04/15/2011 - 04:52

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