Legal Question in Family Law in Massachusetts
My brother's wife and daughter took out a Sallie Mae loan in his name without his knowledge. They did this electonically and Massachusetts does not require a notorized signature for proof of responsibility. They are now in the midst of a nasty divorce and they want to stick my brother with the $50k loan. He took out fraud charges against his daughter at Sallie Mae's request. However he was never given the summons to appear in court so the magistrate dismissed it because he was a no-show. What recourse does he have? And why was a magistrate not a judge hearing the case and able to dismiss it so easily. Thanks for any info. My brother still wants to proceed and make his wife accountable not him. She meanwhile lies and says he did know about it and this is not true. My brother would absolutely help his daughter with school loans but this is the wife's wrong-doing and the daughter "signed and submitted" the loan app.
1 Answer from Attorneys
The Family and Probate court that your brother is litigating his divorce case in has the ability to address what amount if any your brother and his wife is responsible for with regards to their contribution to their children's post-secondary education. That includes any loans taken out by the children and co-signers on those loans.
I understand that your brother's name is on his daughter's Sallie Mae student loan, and although you did not mention it, I assume that he is the co-signer on the loan? That Family and Probate Court has proper jurisdiction to address a scenario where if your brother's daughter goes into default with her student loans which party would be responsible for payment. However, the Family and Probate court does not have jurisdiction to litigate a fraud charge or any other criminal charge. The magistrate that dismissed the case was not out of Family and Probate Court.
However, your brother's fraud allegations against his wife can still be helpful to him in his divorce case in the Family and Probate court. If your brother is interested in retaining an attorney for his divorce case, please have him contact my office for a free consultation.
Good luck and Happy New Year!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
