Legal Question in Credit and Debt Law in Indiana

Student Loan

I have been told that a student loan that I did not take out is mine and my wages will be garnisheed to the tune of $350.00 a paycheck. What is the limit of statute on this kind of loan? I guess it was suppose to have occurred in the 1980's. What are my rights it is not mine!!!!


Asked on 10/18/06, 10:27 am

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Student Loan

Improper identity is a defense. If a judgment has been entered against you, then you need to file a motion to set the judgment aside. If you can show the debt collector that the person against whom they have a judgment is not you (compare social security numbers, birthdates, addresses, college careers, etc.) and they still refuse to let go of their claim against you, then you can go on offense and sue them for abuse of process. Good luck.

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Answered on 10/18/06, 11:42 am


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