Legal Question in Credit and Debt Law in California

Cosign Fraud

My ex-girlfriend fraudulently cosigned my name on a student loan, months after we broke up, on SallieMae. com (I believe she took one of my pay stubs and got my social security number from there). Almost 5 months later I receive a letter from them about the cosign and knew something was amiss especially when I saw who the references were; a friend of mine and my catatonic grandmother.

I contacted Sallie Mae and told them this was a vicious act of fraud and told me to file a report with my local police station and fill out an affidiavit and mail them a copy. I followed their instructions and about a week later received a call saying in which I discussed with their fraud department that I was clear of the cosign and the case was closed.

That was several months ago, but today I have received a repayment statement that leads me to believe they are trying to collect from me. I sent them a nasty email and told them I have documentation that claims I was removed from the cosign and that the case was closed.

I am not too sure what to do now and why they are sending me this stuff.

Please help.

Asked on 11/22/08, 3:57 am

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Cosign Fraud

Don't Do Stuff Orally. When you got the call, you should have written them a letter confirming the contents of the conversation. You need to sue the XGF for damages, and the Sallie Mae for declaratory relief that you do not owe the debt, and put an end to this once and for all. Watch out for legal time limits -- I assume this is the first time it has occurred to you to talk to a lawyer. You waited several months too long. Yes, this will cost you something -- but your "student loan debt" will quickly spiral into a very large sum, and they will see you as merely someone who wants to get out of having cosigned, as all cosigners do.

Bring a copy of the identity theft police report you filed to the attorney when you consult with him or her.

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Answered on 11/22/08, 4:22 am

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