Question:
Dear Steve,
My husband and his business partner used my daughter info to get a private loan. The partner later took my husband to court alleging identity theft because the loan was also in my daughter’s name she was also implicated but charges were later dropped and it was later determined that actually her identity was stolen. My husband was charged and my daughter’s record was expunged. Even though it was proven that my husband used her information to apply for the loan, Educap still filed a judgement on her.
The judgement is 6 years old and the debt has been turned over to a collection agency who is trying to garnish her wages. Is there anything she can do to stop this?
Kim
Answer:
Dear Kim,
The loan may now be out of the time the lender can sue over the debt. You should talk to a lawyer who is licensed in your state and get legal advice regarding the forgiveness of the debt from fraud and if the loan is past the ability for the lender to sue.
It sounds like Educap obtained the judgment back when this issue was originally being resolved. But it appears the issue of the identity theft issue was overlooked.
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Identity theft question asked.