Legal Question in Credit and Debt Law in Canada

Global Loan Repayment

HI, I have a question in regards to a repayment to a outside canada student loan. I borrowed a student loan from the states and now need to pay it back. I really don't have the money, I am a single mom not working, but willing to pay what I can. They would like to go after my mother as a co-signer, which I don't think she did, I may have put my mom's name not reading the paper. I am so bad for that and reading to fast and not fully understanding what I am accepting. Can you give me some advice. What are my legal options and to have my mom not included in this.


Asked on 7/16/08, 11:38 am

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

Re: Global Loan Repayment

As noted on the LawGuru website this answer is specific to British Columbia only and may not apply to other Provinces or Territories. If you signed your mother's name (and are believed in court) then she will not be found liable for the debt but you will have committed forgery and/or fraud, which are serious offences. Your question is not clear if you borrowed money from the Canada student loan program for education outside Canada or if you borrowed from a US institution; if from the Canada student loans program then generally you can not have the loan discharged in bankruptcy but if you borrowed from a US institution you may be able to. You should consult a lawyer before you admit to signing your mother's name to anyone and you should also consult a lawyer about making an assignment in bankruptcy (if it was a US loan) or a Trustee in Bankruptcy (if it was a Canadian loan).

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Answered on 7/17/08, 10:30 am


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