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Does filing a police report prevents my daughter from getting a job, becoming a felon, or going to jail.

Chicago, IL |

My daughter signed my name to her private student loan. The Fraud Affidavit sent to me by the lender, requires a police report. I am worried that filing one will jeapordize her future. I cannot afford to pay back $32,000. Please help me!!!!

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Attorney answers 3

Posted

Yes.

Posted

You asked the same question twice. As previously previously stated: You are stuck between a rock and a hard place. If you do not file a police report, you are on the hook for the $32,000. If you do file a report, the police could consider charging your daughter with a crime that could affect her ability to get a job. At the very least, one or both of your should consult with an attorney before making a final decision. You should not consult with the same attorney for several reasons, the most important of which is that the attorney would have a conflict of interest and should not advise both of you.

By the way - It is not likely that the student loan could be discharged in bankruptcy, although certain private student loans might be. Your daughter has caused serious problems. How did you not realize the loan application could not have gone through without your signature?

Asker

Posted

They sent me a copy of the promissory note

Posted

You are wise to be concerned. I have no doubt that the lender will contact the local authorities if you complete the fraud affidavit. They are not likely just to let $32,000 go. Whether the state's attorney pursues the case is unknown, but there is a certainly a good chance. You were given a good suggestion to contact attorneys. There may be something which could be worked out with the lender.

For more information: www.thomasmoens.com By the very nature of Avvo, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position. The attorney answering this question is licensed in Illinois and Iowa only.

Asker

Posted

The original amount was $20,0000. I did call the lender to ask if something could be worked out. The rep said no. I asked for a manager, was not able to speak to one. I do not know how to handle this.

Asker

Posted

In the meantime the monthly payment is $250. Do you think I should try to reduce this amount by filling out an income based payment, I heard this is also disastrous.

Thomas O. Moens

Thomas O. Moens

Posted

In reading your question again, it looks like they are requiring you to contact the police if you decide to go the fraud route. With the amount of money involved, this could result in felony charges against your daughter. I think your best bet is to contact a consumer protection attorney. There may be defenses based on the underlying debt, the school, the collection attempts, etc. You need to get specific advice from an attorney, not general information from a question and answer website. The only way to do that is to meet with an attorney.

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