calif student loan

[drinkwiz]

What is the name of your state? california
Hello, I applied for a California Dept of Educ student loan in august of 1984 for $500. I forged my fathers signature at the request of the school I attented.They are no longer in business. I paid off the loan in $50 payments within the year. I am now getting letters and calls from the Dept of Education saying I owe the $ still. I called them back to dispute the bill and they sent it to collections. I dont have any documents or records from 18 years ago.My questions are is there a statute of limitations on collections ?, Was the contract legal if I signed it as a minor? Am I liable for this $ again? Isn't there a rule of 7 years for being sent to credit bureaus?

 

[djohnson]

There is a SOL as to when they can file suit against you. However, when that time passes it doesn't make the debt go away. If they filed suit against you in the time period allowed then you are looking at that SOL not meaning anything. Are they collecting it themselves or turned it over to a collection agency or attorney? Do they show you making payments to them and this is the balance still left?

 

[I AM ALWAYS LIABLE]

"There is a SOL as to when they can file suit against you."

=================================


My response:

Sorry, but no there isn't. An action to collect a student loan is not subject to any statute of limitations. [20 USCA § 1091a(a); United States v. Phillips (9th Cir. 1994) 20 F.3d 1005, 1007]

So, if our writer cannot show "proof of payment" then he/she is on the hook. Also, it doesn't matter whether you were a minor at the time, and you'll have a REAL hard time convincing anyone that a school instructed you to commit fraud on a government entity by telling you to forge a signature.

Start paying. You have no other choice.

IAAL

 

[djohnson]

Sorry I didn't realize that student loans did not apply to the SOL. Glad IAAL jumped in.

 

[HomeGuru]

There is a SOL as to when they can file suit against you. However, when that time passes it doesn't make the debt go away. If they filed suit against you in the time period allowed then you are looking at that SOL not meaning anything. Are they collecting it themselves or turned it over to a collection agency or attorney? Do they show you making payments to them and this is the balance still left?

**A: a student loan is collectable forever. Not even BK will discharge it.