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  1. #1
    Join Date
    Dec 2011
    Posts
    4

    Default Forged Signature as Cosigner on Loan Application

    My question involves collection proceedings in the State of: North Carolina.

    So, I've seen a lot of ppl in the same situation as me. ALthough, my situation I've decided to go forward. I too am a victim of a forged signature to a SM loan. This happened in 2006. I'm a 24 year old male and did not find out until last summer that I had this loan on my credit after trying to get an apartment. As soon as I saw this, I filed a police report and had the credit beareau flag my report...all 3 agencies because I KNEW this wasn't something I did. Well, after doing a little investigation myself and talking with SM (who was VERY rude to me during my initial contact with them) I found out one of my own parents did this. Long story short, I talked with him/her and questioned him/her. Contacted SM and filed a fraud claim filled out the affidavit form as well. They also sent me a copy of the application that was completed (electronically) and the signature (handwritten) AFTER I completed the affidavit form. The siganture didn't look ANYTHING like my signature. This whole investigation they have put me through ALOT of stress. A parent signed for the loan, but cosigned my name for him/her. SM would not removed me from the loan after investigation stating that they would like legal action done and only want a resolution from the judge. I have all the proof in the world that I did not benefit from this loan and SM continues to deny the additional information from me.

    My questions ARE:
    What kind of lawyer will I be looking for?
    Will the judge put my parent in jail ALTHOUGH his/her name is on the loan as well, or will they just allow me to be removed from the debt?

    This company has caused me SO MUCH STRESSED when all the evidence of me not signing for this. I would like to know if I can sue them after all this is said and done?

    Any information is helpful. Please tell me what my next step is. I"m willing to proceed with the next step as far as in taking this to court b/c I will not pay for a debt that I didn't benefit from. NO WAY!

  2. #2
    Join Date
    Jan 2006
    Posts
    28,301

    Default Re: Forged Signature as Cosigner on Loan Application

    apparently your parents have reneged on the loan, correct?

    As to what could happen to your parents:

    what they did was criminal and they could be jailed for the act. You did say you made a police report. After that, you do not have the choice of prosecution or not. It is not within your power to have the forger prosecuted. I would get a copy of the police report and send that to them to show you have taken all the action you can.


    as to suing them;

    just what do you think you can sue them for? They do have a right to demand proof the signature was forged.

  3. #3
    Join Date
    Dec 2011
    Posts
    4

    Default Re: Forged Signature as Cosigner on Loan Application

    Quote Quoting jk
    View Post
    apparently your parents have reneged on the loan, correct?

    As to what could happen to your parents:

    what they did was criminal and they could be jailed for the act. You did say you made a police report. After that, you do not have the choice of prosecution or not. It is not within your power to have the forger prosecuted. I would get a copy of the police report and send that to them to show you have taken all the action you can.


    as to suing them;

    just what do you think you can sue them for? They do have a right to demand proof the signature was forged.
    Oh they have all of that information. I showed proof that my signature was forged using the affadavit form.. they even say that my handwriting does not match the one that was signed on the application, but they still won't remove me from it b/c my parent for a statement stating that the money went towards my education when I have all the proof in the world that it didn't. I tried revealing this to SM but they declined it. They see that the signature is not mine ... so they demanded proof and got what they wanted but I'm still going through with this... I have the right to sue for emotional distress when it's been proving that the signature isn't mind and that I didn't benefit from the loan??? is this correct? (I don't mean to sound foolish).

    So as far as the police report, you're sayin I have to give this to a LAWYER stating I've done all I can????

  4. #4
    Join Date
    Jan 2006
    Posts
    28,301

    Default Re: Forged Signature as Cosigner on Loan Application

    suing for emotional distress? Not likely.

    So as far as the police report, you're sayin I have to give this to a LAWYER stating I've done all I can????
    No. Providing it to the lender should be adequate that you took the necessary actions to prove the signature was fraudulent. Have you provided them with the police report already?


    You can also dispute the debt with the credit reporting agencies. At that point, the CRA must validate the debt with the creditor. After that, if it is not removed, if nothing else you can attach a brief explanation to your credit reports explaining the problem.

    has anybody attempted to collect the debt from you?

  5. #5
    Join Date
    Dec 2011
    Posts
    4

    Default Re: Forged Signature as Cosigner on Loan Application

    Yes. That was apart of the affadavit, to include a detailed police report with a statement from me. Since the loan was in my parent's name, the lender interviewed my parent as well and parent stated that it went towards my education, when I really believe my parent used the funds for something else... As a result lender stated, "Oh, this is HE SAY, SHE SAY stuff. We need you to go to court and we'll do what the judge tell us to do..." The lender has the police report, the affadavit and even copies of checks I wrote back around that time to prove that this wasn't my signature. They AGREE that my signatures don't match. But would not remove me.

    When I found out about this account, I had my address updated so that they can communicate with me about the case. Since I've updated my address, the have been sending statements saying bill is due. But I've proven to them that this is fraud and they know this, but they are referring me to go to court... when they should remove me from the debt then take my parent to court...I don't know.. .it's a HUGE mess...

    So if I contact the credit bereau, they can remove me the debt from my credit?? But what should I do about this SITUATION altogether to remove me from this debt completely after showing EVIDENCE that I didn't sign?

  6. #6
    Join Date
    Dec 2011
    Posts
    4

    Default Re: Forged Signature as Cosigner on Loan Application

    Quote Quoting jk
    View Post
    suing for emotional distress? Not likely.

    No. Providing it to the lender should be adequate that you took the necessary actions to prove the signature was fraudulent. Have you provided them with the police report already?


    You can also dispute the debt with the credit reporting agencies. At that point, the CRA must validate the debt with the creditor. After that, if it is not removed, if nothing else you can attach a brief explanation to your credit reports explaining the problem.

    has anybody attempted to collect the debt from you?
    Yes. That was apart of the affadavit, to include a detailed police report with a statement from me. Since the loan was in my parent's name, the lender interviewed my parent as well and parent stated that it went towards my education, when I really believe my parent used the funds for something else... As a result lender stated, "Oh, this is HE SAY, SHE SAY stuff. We need you to go to court and we'll do what the judge tell us to do..." The lender has the police report, the affadavit and even copies of checks I wrote back around that time to prove that this wasn't my signature. They AGREE that my signatures don't match. But would not remove me.

    When I found out about this account, I had my address updated so that they can communicate with me about the case. Since I've updated my address, the have been sending statements saying bill is due. But I've proven to them that this is fraud and they know this, but they are referring me to go to court... when they should remove me from the debt then take my parent to court...I don't know.. .it's a HUGE mess...

    So if I contact the credit bereau, they can remove me the debt from my credit?? But what should I do about this SITUATION altogether to remove me from this debt completely after showing EVIDENCE that I didn't sign?

  7. #7
    Join Date
    Jan 2006
    Posts
    28,301

    Default Re: Forged Signature as Cosigner on Loan Application

    But I've proven to them that this is fraud and they know this, but they are referring me to go to court... when they should remove me from the debt then take my parent to court...I don't know.. .it's a HUGE mess...
    I don't really see an action you can take to court. If the creditor sues you and you lose, you could sue your parents. If you win, then it's over.

    So if I contact the credit bereau, they can remove me the debt from my credit??
    they will send a validation letter to the creditor. If the creditor cannot validate the debt, it will be removed from your credit report. If they validate it the credit reporting agency will continue to report it. That is where you would want to attach your reason for not paying it.

    But what should I do about this SITUATION altogether to remove me from this debt completely after showing EVIDENCE that I didn't sign?
    wait until you are sued. Then prove the signature was fraudulent and as such, you are not liable for the debt.

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