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

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!!!!

Chicago, IL -

Attorney Answers (3)

Judy A. Goldstein

Judy A. Goldstein

Criminal Defense Attorney - Mokena, IL
Answered

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?

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Thomas O. Moens

Thomas O. Moens

Real Estate Attorney - Moline, IL
Answered

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... more
Melissa I. Smejkal

Melissa I. Smejkal

Criminal Defense Attorney - Chicago, IL
Answered

Yes.

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