Can I be sued for fraud ?

[Swarren18]

What is the name of your state (only U.S. law)? I live in Arkansas Me and my Dad made an agreement that he would take out a parent plus loan only if I promised to pay it back since I was having a hard time finding a way to pay for my college.. I made the promise and he took out the loan. He called me one day and asked me when did I get my refund for the loan. I asked him why and he said that since he took out the loan that the rest of the money should go to him to spend. I told him no not unless he paid back the amount that he was planning on spending. He tried taking my refund card that school sent me so I had them to send me another one. My Dad got mad at me and said that he is going to sue me for fraud because I took out a loan in his name without permission. But that is a lie he just got mad at me because I wouldn't let him spend the loan money that he wasn't planning on paying back. What do I do ?? What if he sue me for fraud ? Will I go to jail or possibly lose my financial aid ? I'm scared can someone please help me !!

 

[LdiJ]

What is the name of your state (only U.S. law)? I live in Arkansas Me and my Dad made an agreement that he would take out a parent plus loan only if I promised to pay it back since I was having a hard time finding a way to pay for my college.. I made the promise and he took out the loan. He called me one day and asked me when did I get my refund for the loan. I asked him why and he said that since he took out the loan that the rest of the money should go to him to spend. I told him no not unless he paid back the amount that he was planning on spending. He tried taking my refund card that school sent me so I had them to send me another one. My Dad got mad at me and said that he is going to sue me for fraud because I took out a loan in his name without permission. But that is a lie he just got mad at me because I wouldn't let him spend the loan money that he wasn't planning on paying back. What do I do ?? What if he sue me for fraud ? Will I go to jail or possibly lose my financial aid ? I'm scared can someone please help me !!

Well, you need to stop being scared. He cannot sue you for fraud. You did not commit any fraud. He is just blowing hot air.

 

[Swarren18]

But he said I committed fraud

He said that he's going to tell the judge that I forged his name and did it behind he is back. What if I end up losing my financial aid or worse go to prison I don't know what to do I can't eat sleep or think

 

[LdiJ]

He said that he's going to tell the judge that I forged his name and did it behind he is back. What if I end up losing my financial aid or worse go to prison I don't know what to do I can't eat sleep or think

In the first place, he cannot just accuse you of something like that and have it stick. He has to PROVE it. If he is caught lying about it things will go very badly for him. I sincerely doubt that your father would go so far as to actually lie about something like that. What he is trying to do is scare you so badly that you will give in and give him the money. It sounds like he is succeeding.

Now, if you do not pay back the loan like you agreed, THEN he could sue you.

 

[quincy]

What is the name of your state (only U.S. law)? I live in Arkansas Me and my Dad made an agreement that he would take out a parent plus loan only if I promised to pay it back since I was having a hard time finding a way to pay for my college.. I made the promise and he took out the loan. He called me one day and asked me when did I get my refund for the loan. I asked him why and he said that since he took out the loan that the rest of the money should go to him to spend. I told him no not unless he paid back the amount that he was planning on spending. He tried taking my refund card that school sent me so I had them to send me another one. My Dad got mad at me and said that he is going to sue me for fraud because I took out a loan in his name without permission. But that is a lie he just got mad at me because I wouldn't let him spend the loan money that he wasn't planning on paying back. What do I do ?? What if he sue me for fraud ? Will I go to jail or possibly lose my financial aid ? I'm scared can someone please help me !!

With the Parent Plus loans, the school receives the funds and credits the student's school account to pay for the tuition, fees, room, board and any other fees. If there is any money left over, the school pays it (generally by check) to the parent (the one who took out the loan) unless the parent has given permission to the school to disburse any leftover money to the student.

So ... why didn't your dad receive the refunded amount? It should have gone directly to him.

 

[Swarren18]

I didn't give him the refund

The reason why i didn't give him what was left over is because I used that to start paying the loan back

 

[quincy]

The reason why i didn't give him what was left over is because I used that to start paying the loan back

And you did this how?

The extra money that did not go to your student expenses went directly to your dad, because he is the one who took out the loan. If you reported the refunded amount "missing" and the funds were replaced by the school, then, yes, that is fraud. You were refunded twice.

 

[Swarren18]

I didn't give him the refund

I also needed the refund for books, food, supplies, etc. I had no problem giving him the refund but the problem was that he wanted to spend the money but not pay back what he spent. I didnt agree to pay back what he spent I agreed to pay back what I spent.

 

[Swarren18]

I didn't steal the refund

He had the refund sent to me because I needed it for school it was apart of the agreement. It wasn't until after I had received the refund when he was trying to get his hands on it. I don't have any of his information so I couldn't have the refund sent to me even if I tried. I don't live with him and I haven't lived with him since I was 17

 

[quincy]

I also needed the refund for books, food, supplies, etc. I had no problem giving him the refund but the problem was that he wanted to spend the money but not pay back what he spent. I didnt agree to pay back what he spent I agreed to pay back what I spent.

Your father is responsible for paying back the loan. His name is on the loan papers. He was the one who should have received directly from the school any extra money UNLESS your father told the school any extra money could go to you.

Did your father give the school permission to give the extra money to you?

If not, and if you reported to the school that the extra funds were not received when they were, you committed fraud.

Your side agreement with your dad can be taken care of when the Parent Plus loan becomes due. From what you have posted, it sounds as if you messed up.

 

[quincy]

What is the name of your state (only U.S. law)?

... He tried taking my refund card that school sent me so I had them to send me another one ...

Please explain the part of your original post that I have quoted above. Thanks.

 

[LdiJ]

Your father is responsible for paying back the loan. His name is on the loan papers. He was the one who should have received directly from the school any extra money UNLESS your father told the school any extra money could go to you.

Did your father give the school permission to give the extra money to you?

If not, and if you reported to the school that the extra funds were not received when they were, you committed fraud.

Your side agreement with your dad can be taken care of when the Parent Plus loan becomes due. From what you have posted, it sounds as if you messed up.

I think that post number 9 answers your questions. Dad had the money sent directly to the OP.

 

[Swarren18]

He tried taking my refund card

He obviously was the one who told the school to send the extra money to me. I don't have power to do that because for one I don't have or know his social security number or drivers license number and I barely know what he does for a living. Therefore I can only fill out a student loan for myself. My college sends our refund on a debit card and it is mailed to my house. I kept asking him did he get the card in the mail. He kept denying it. So I had the school to send me a new car and they did. I don't see anything wrong with that situation. But now he's going around telling everyone that I forged his name and did the loan behind his back without his permission. (Which would be almost impossible)

 

[quincy]

The reason why i didn't give him what was left over is because I used that to start paying the loan back

See what I have quoted above (and this is not the most problematic part of the story you have told so far).

You say you did not give your father the extra money because you used that money to start paying the loan back. It is your father's loan. You cannot pay it back except by giving your father the money to pay it back.

You said the school reissued a refund card. You apparently already received a refund card (or your dad did) because you said, "He tried taking my refund card that school sent me so I had them send me another one." You received double the refund by claiming the first was not received.

I am sorry, Swarren, but you are either not telling the complete truth or you are really fumbling with your words.

 

[Zigner]

See what I have quoted above (and this is not the most problematic part of the story you have told so far).

You say you did not give your father the extra money because you used that money to start paying the loan back. It is your father's loan. You cannot pay it back except by giving your father the money to pay it back.

You said the school reissued a refund card. You apparently already received a refund card (or your dad did) because you said, "He tried taking my refund card that school sent me so I had them send me another one." You received double the refund by claiming the first was not received.

I am sorry, Swarren, but you are either not telling the complete truth or you are really fumbling with your words.

For the card, it sounds like the school issues some sort of debit card and then places the amount of the refund on to it. If the school issued a replacement, then the original debit card is no longer valid, so the OP didn't get a double-refund, he simply was issued a new card (with a different account number) to replace the one he reported lost.