Legal Question in Credit and Debt Law in Florida

Not my student loan

US Dept of Ed says that I owe 2 student loans. I never even heard of this school. They have no record dating back to 1987,but won't give me a letter stating this. The dept. only has one promissory note with a signature for one of the loans. It is not mine. A collection agency is now bugging me to start pymt. I won't because I didn't go to this school. There are no cancelled cks to see either. I have sent copies of my signature, but they want something dated from 87. I can't find anything. They say that the burden of proof is on me. Why? There are no records of my attendence or anything else. Who practices this kind of law? Please help. Thank you.


Asked on 9/11/03, 9:48 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Not my student loan

If the loan goes back to 1987 the Statute of Limitations for them to sue has run. Even if it hadn't, they have the burden of proof.

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Answered on 9/11/03, 1:48 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Not my student loan

Do not pay. When you are sued, if you are, retain counsel. The burden of proof is on the proponent. If you prevail, you may have a claim under the FDCPA. Maintain an accurate record of all communications between you and the collectors/agencies.

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Answered on 9/12/03, 2:51 pm


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