My wife has a school loan in which she thought her dad signed for. After his death, it came to our attention that he forged her name on the loan application documents. We sent this to the company who is financing the loan to dispute it. And after they said they would get a handwriting expert to compare signatures (which I highly doubt they did because even I can tell the difference between them) they determined there was nothing to dipute. We have not persued it any further because we were not real sure we had a case. Any advice?
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School Loan Forgery
- Thread Starter cadeijon
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I don't understand what the case is. Are you trying to state that you don't owe the money on the loan because her Dad signed for it?
If your wife wanted a school loan and she asked your Dad to take care of it and he signed for her, I do not believe that the signature would consitute a "forgery." This was made with her consent and desire to be bound.
Second, if your wife acted as though she signed for the loan, she may have "ratified" the agreement. Her actions were an affirmative action of consent to be bound... and moreso, to allow someone to escape from liability while obtaining the benefits of a bargain, with their knowledge, would be the "unjust enrichment" of your wife. This is a legal theory that can be used for recovery, and is under the heading of "quasi-contract" -- even though there may not be an actual contract, the law treats the conduct as though there was something like a contract.
The law strives hard not to tolerate unjust results. If you think that the conclusion would be absurd, then likely it is. I'm not sure this is what you are asking so don't take offense.
If your wife wanted a school loan and she asked your Dad to take care of it and he signed for her, I do not believe that the signature would consitute a "forgery." This was made with her consent and desire to be bound.
Second, if your wife acted as though she signed for the loan, she may have "ratified" the agreement. Her actions were an affirmative action of consent to be bound... and moreso, to allow someone to escape from liability while obtaining the benefits of a bargain, with their knowledge, would be the "unjust enrichment" of your wife. This is a legal theory that can be used for recovery, and is under the heading of "quasi-contract" -- even though there may not be an actual contract, the law treats the conduct as though there was something like a contract.
The law strives hard not to tolerate unjust results. If you think that the conclusion would be absurd, then likely it is. I'm not sure this is what you are asking so don't take offense.
What if?
In my situation, after having protested this for years, having my wages garnished, filing bankruptcy, garnished again, etc, i have finally gotten through all the red tape of the collection agencies to obtain a copy of the original application/promissory note for one of the loans (there are more than one, but i figure if one was, they all were and it'll be easier to find them w/ help) and it turns out that my father forged MY signature. To make a long story short, he is a very proud man who absolutely HAD to have me go to a private very expensive university even though he could not afford it. He told me I had received a full academic scholarship. Halfway through my JR year i was unexpectedly booted out due to non payment and as it turns out i had no scholarship and owed a LOT of money. For 5 years now I have been hounded for this money. Now, I have proof (at least to me, no expert opinion yet) that this is not my signature 100%. What should I do in THIS situation? Thanks!
wes
In my situation, after having protested this for years, having my wages garnished, filing bankruptcy, garnished again, etc, i have finally gotten through all the red tape of the collection agencies to obtain a copy of the original application/promissory note for one of the loans (there are more than one, but i figure if one was, they all were and it'll be easier to find them w/ help) and it turns out that my father forged MY signature. To make a long story short, he is a very proud man who absolutely HAD to have me go to a private very expensive university even though he could not afford it. He told me I had received a full academic scholarship. Halfway through my JR year i was unexpectedly booted out due to non payment and as it turns out i had no scholarship and owed a LOT of money. For 5 years now I have been hounded for this money. Now, I have proof (at least to me, no expert opinion yet) that this is not my signature 100%. What should I do in THIS situation? Thanks!
wes
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