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My mom needs help, but I don't know what to do

Discussion in 'Medical Bills, Debt' started by postpone, Mar 10, 2011.

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  1. postpone

    postpone Law Topic Starter New Member

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    Any advice that is helpful is greatly appreciated.
    Long story short, my mom who is now 84 years was asked by my nephew to co-sign a student loan about 8 years ago. His father, my brother has been divorced from his ex wife for about 10-15 years now. My mother wasn't exactly thrilled, but she figured he was smart and co-signed. A few months later her ex daughter in law came to mom's house and told her she needed to sign more papers for student loan. My mom went and signed the papers. She later found out through creditors that she had also co-signed two additional student loans, one for her other grandson from this marriage and one for her ex daughter in law.
    Today my mom was just served papers concerning one of these loans. She has been harrasssed for the last 3-4 years and in just the past year it has really stressed her out, so much that even her Doctor asked her about what is causing her health to suddenly deteriorate. I contacted Federal Administration on Aging and they gave me a legal aide number, but I am unsure how much they will be able to help. I feel this was elder abuse, but mom is too proud to admit this. I have researched and Bankruptcy won't help her. She was not told too many details of these student loans after her initial signature, we believe any signature later were most likely forged, she also thinks the loans were private, not federal. We live in California, so would this be a route to pursue, since the Statute of Limitations does apply to private student loans (I think). She has spoken to the legal aide, but is waiting for more information, but they did ask if she could make small payments, which on social security, no she can not afford this. The two grandsons are now 25 and 26 and keep changing majors, still in school and unwilling to work. They will not answer her phone calls or letters or from anyone from our side of the family, including their father. Is there any thing she can do?
     
  2. mightymoose

    mightymoose Moderator

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    Don't pay the loans, even in part. Don't make any agreement to pay either.

    If you have not already done so, speak with the police and see if you can get them to take a report under PC 368 or 532. Documents will have to be produced to determine if there were any forgeries. If you can get a criminal report generated then you can use it to try and get creditors off her back.

    The matter will have to be investigated to determine if it was a form of elder abuse by theft and whether or not she was tricked into signing papers.

    Since she has known of the problem for a few years the police might not be very inclined to jump in, but due to her age they might. Don't take your first no for an answer... make a couple of contacts It would help you greatly if police investigators were making contact with the nephews rather than family members.
     
  3. postpone

    postpone Law Topic Starter New Member

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    Thank You for the advice. I have a friend who's son is a police, so I will ask them if they can do this for her.
     
  4. army judge

    army judge Super Moderator

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    Your dear, sweet, kind, and darling mother need not worry. None of the debt collecting vultures can touch one dime of her pension money or social security.

    Tell mom to stop worrying. Instruct her not to sign or agree to anything. She has rights. Don't allow these bullies to abuse her.

    Also, follow up on the suggestion to contact with her police
    agency.
     

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