Legal Question in Credit and Debt Law in Missouri

Loan taken out illegally

I am wanting to know my options on a case where my husband;s mother took out a loan in his name when he was 17 years old, without his consent, and he just found out about it 5 years later. She is 90 days past due on payments and is currently owing more on the loan than what she origianlly took out. He is currently deployed for a year to Iraq and each day his credit is getting worse. I need help in what action I can take and what are his chances of winning a case against his mother.


Asked on 12/17/08, 6:21 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Loan taken out illegally

First, I would suggest that he write to all three major credit bureaus advising them that this is not his debt, stating that he disputes the debt, requesting that they verify the debt, and requesting that a copy of his letter be placed in their file so that anyone who runs his credit will see it. He may also ask them to send him the forms they use to clear this off of his credit report. Now, it seems to me that he does have a cause of action against his mother, although I would need to do some legal research to be sure. If he has suffered actual damages that can be measured in dollars, then it might make sense to consult with an attorney about the advisability of suing his mother. BTW, he should consider how he would collect any judgment he might obtain against his mother if she is not paying this loan it seems unlikely that she would be collectible.P.S. He should also write to the lender to be sure that the lender is put on notice of this dispute, and to request verification. If he was 17 when the loan was taken out, he was too young to enter into a contract in the state of Missouri.

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Answered on 12/17/08, 11:05 pm


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