Legal Question in Credit and Debt Law in Florida
Innocent mother- Daughter's Student Loan Harrassment
I signed a loan for my mother years ago when I was in college. She gave me permission but here is the deal. My mother is now totally disabled and her only means of income is her disability check. She won her disability through a court. She had seen several doctors in that office;therefore, none of them felt they treated her long enough to pronounce her totally disable. She faxed all the judgement papers to the loan company. Her lawyer prepared the documents proving her disabled. The loan company would not accept these papers and demanded a doctor's signature. She attempted to do so but was rejected by doctors that treated her for the element.
The loan company has harassed her continuely. Just today she got a call. They threatened her and terrified her to the point of a break down. They claimed they are going to take her only means of survival--her disability check.
I can't pay the loan at this time. I've been deferring and forbearancing my loans since been out of college in 1996. If I could sign something to get this off of her head I would. What can we do? Can they do this?
1 Answer from Attorneys
Re: Innocent mother- Daughter's Student Loan Harrassment
If you signed the note, then you are responsible for payment. This assumes you had contractual capacity. However, due to the actions of the collector,you and your mother may have a cause of action for violations of the Fair Debt Collection Practices Act. I urge you to seek a consultation with competent counsel, to determine your rights.
Since you signed the note, your mother may very have no liability and the creditor could not seek to garnish her disability income..the source of which is exempt from garnishment.
If you wish, call me for an appointment.
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