Does my mom have a case against my sister?

[ladyjenniferj]

Over three years ago, we discovered that my mother had been cheating on my father for quite some time. She decided to give up a 35 year marriage, 5 children and 7 grandchildren to "be bad" and drink, smoke, and have sex with many men (all things she taught us were wrong). None of us have spoken to her since.

However, while she was still in our lives, my younger sister was in college. Being that she lived in another state, our mother had agreed to get her some Parent Loans. My sister had to sign things in her name, on occasion, which my mother said was ok. (i.e. sign the loan check over to the school, etc.) My father can attest to this.

Now, my mother (3 years after the fact) is prosecuting my sister for fraud even though my sister is making the monthly payments. She wants and needs the debt cleared off of her record in a bad way, for some reason, and decided that the only way to do it was to take legal action. She is claiming that my sister forged her name in order to get these loans, but at the time, she did what any normal mother out-of-state would do for their child...allow them to sign for them.

Does she even have a case against my sister? What can my sister do since she is making the monthly payments and has no extra money to just pay off the whole loan?

 

[Michael Wechsler]

This case could be easily disposed of - were any records sent to your mother? There is no question they should have been since she was the supposed signator and her name and address should have been on the application. It will be very difficult for her to prove that for three YEARS she had no knowledge of this loan and suddenly discovered it, much to her surprise. Your father's testimony will surely help prove that this story, as you tell it, smells bad. But these are only conclusions based upon your limited facts provided. I don't understand how and why your mother could make credible allegations that there was a fraud perpetrated without her knowledge. Either there is a significant piece I'm missing or your mother is unfortunately under the illusion that she can somehow fool a judge into believing a tall tale. Best of luck to you...