Hello, My dad either had me sign something I didn't realize, or he forged my signature to sign me over to $23,000.00 worth of student loans. I didn't find out about it until after my 3rd year of college. The agreement was he chose the college, and he pays for everything my scholarships didn't cover. The loans are in my name...and the "signature" is signed 8/21/03. I didn't turn 18 until 10/07/03. What are my rights, if any? Especially if I didn't sign and/or had NO idea what I was signing?? Thank you for reading.
Update:The $23K accrued over a 3-year period. I requested the original documents, and he did not cosign.
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You are not legally bound to it since you were a minor. In the future thoroughly read through everything you sign and do not sign it until you fully understand, you can't trust anyone
Depends on your state laws regarding age of consent to enter into a contract. Think all are at least 18.
But - aren't you saying that your Dad is going to pay everything?
In any case, it's a very bad idea to have these loans in your name. Everything can work out well - your Dad may pay them in a timely manner and set up good credit for you at the same time. However, if something happens to your Dad financially, you will be expected to make the payments.
Also, now that you are aware of the loans and aware that they were taken out "fraudulently", you have an obligation to report the fraud. It's quite possible that a statute of limitations began running when you first found out about them. If you dispute the validity of the contract 10 years from now and explain "well I knew about it for 10 years but it didn't bother me until Dad stopped paying", you may become a party to the fraud. Speak with your Dad. Ask him to refinance the loans in his name only. Perhaps speak with an attorney simply to get educated about the upside and downside to this situation. Perhaps an attorney will advise you to keep peace by getting a written confirmation from you Dad that he is responsible for the loans. (This agreement would not prevent the loan company from holding you responsible though.)
In any case, DO NOT make any payment on the loan prior to speaking with an attorney. By making a payment when you are over the age of 18, a court may decide that you have effectively known about the loan and taken responsibility for the debt.
sounds like your dad may have forged your signature if you dont remember signing anything. However when you were going to school you need to fill out alot of forms and you may not have realized you signed off on that. If he did forge your signature then you have a right to take him to court however you have to decide if you really want to press charges on your father over some loans. Just because there in your name doesn't mean you have to pay for them. My loans are in my name and my parents are still paying for them, they just wanted them in my name in case something ever happened and they could no longer afford to pay the loans then they would become my responsibility. What happened with you is very common.
Your signature at 17 isn't worth anything without a cosigner. If your father cosigned, he is just as liable for the loan amount as you are. There is no reputable student loan agency that would lend $23,000 to a student alone. You need to work this out with your father. I do not think you are giving the complete picture in your question.
A minor cannot be legally bound to a contract, even if you signed of your own free will. This means that your signature on the document has no binding force.
However, because you were a minor, your father had the right to sign for you anyway. Because he is effectively the one who signed, the loan responsibility is his, not yours. If you want to make life difficult for him, simply forward the documents to him and ask him to pay. If he balks, tell him that you will tell the lender that he was the only individual legally responsible at the time. In the end, it will be his credit ratings at stake, not yours.
You may apply for college loans for yourself only, even as a minor. Anyone applying for student loans in your name and with your purported signature are committing fraud. I know it's your Dad, but if this is a problem, report it to the police.
As for some sort of "on the side" agreement with your Dad, it is unenforceable. Your Dad is out of luck. Again, fraud and you were a minor. No court would uphold the alleged agreement.
A hand writing expert and a Lawyer need to come into play here. Your Dad did what he thought best because he probably didn't have the money for your schooling. This is a tough one. If it were me, I'd write it off and make the payments. After all, you are the one attending the college and it is you who will benefit in the long run. Chalk it up to Do do happens!
Well as a minor, you are not legally permitted to sign a binding contract. It makes the contract void.
In the U.S. at least, a person must be an adult (18 years old) to sign a contract and have it be legally binding. Your legal case would begin with the fact that they as your parents exercised undue influence and/or coerced you as a ten year old minor to sign the contract. Furthermore, it is questionable how valid such a contract would have been even if you had been an adult at the time you signed it - as being uneforceable. So, no, your parents can't sue you to force you to not marry your beloved. Well, I suppose they could, but it would get thrown out of court - and your grounds for a counter-suit would be more valid. Therefore the only consequences of breaking your so-called contract with your parents to marry only a Jewish man, would be whatever emotional, financial, and relationship damage it will do between you. They can choose to lay the guilt down hard, they can choose to disinherit you, they can choose to not loan you any money in tough times. Likewise, you can choose to tell them to go fly a kite, you can choose to cut off all contact with them, you can choose to never let them see any grandchildren. I hope it doesn't come to that. I hope they decide to let you live your own life, while still being part of theirs. Best wishes on that score.
Have an interview with an attorney you select.