Student Loan That is Not Mine

**Hammer** · 09-22-2011, 02:44 PM

My question involves collection proceedings in the State of: Florida/Ohio
I was transferred to Florida 1/2008. I was served divorce papers 12/2009 initiated by my wife. After this I was contacted
by two student loan companies demanding payment. The divorce settlement states my children are responsible
for these loans. The loan from Sally Mae was dismissed. The loan from Great Lakes was not. The balance is over $5k.
My Exwife took me to the cleaners and I was left with half pay, and retirement due to alimony. The Great Lakes
Company has been harassing me for two years and have assigned the loan to a collection agency, Allied. They are threating
to garnish what is left of my wages to pay for this loan. I never gave any of my family any authority or instruction to
apply or authorize this loan in my name. I have requested any documents with my signature or any other forms to
compare signature but they have not been able to supply them.
What are my rights? And what action should I take to resolve this harassment?

**Mr. Knowitall** · 09-23-2011, 12:03 PM

You say you've been dealing with these loans for years. How long ago did you inform the lenders that you had neither borrowed nor cosigned for the loans and, to the extent that your signature appears, it is a forgery. Why did they reject that report?

The lender does not have to pay any attention to your divorce judgment - it was not a party to your divorce and the judgment doesn't affect its rights against you. If your ex-spouse is supposed to pay off the loan under the judgment and has not, you can attempt to obtain recourse through the divorce court.

**Hammer** · 09-23-2011, 01:45 PM

I informed this lender December 2010 that I did not authorize this loan. I requested a copy of the signature on the loan but have not received it as of yet. The loan company turned it over to a collection agency. I have been fighting with them, and they are threatening to garnish my wages for the loan? They said it is up to me to prove I am not responsible for the loan? The divorce did not state my ex wife was responsible for this loan.

**Mr. Knowitall** · 09-23-2011, 02:35 PM

You can sue them for whatever cause of action you (and your lawyer) deem appropriate, such as a FDCPA violation, then to seek a copy of the loan documents through discovery.