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Student loans paid to my Step Father Student Loans

Discussion in 'Student Loans' started by OP Trade, Mar 4, 2021.

  1. OP Trade

    OP Trade Law Topic Starter New Member

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    Jurisdiction:
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    Hello,

    I was a student a few years back in Arizona and my students loans were actually paid to my step father. I never received a penny of them and now he is refusing to pay. Is there anything I can do about this?

    Thanks
     
  2. justblue

    justblue Well-Known Member

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    Why were the loans paid to your stepfather? Who's name are the loans under?
     
  3. mightymoose

    mightymoose Moderator

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    If the loans were paid to your step father I would have to say the money was his, not yours. Without some kind of contract obligating him to pay your debts I don't think you are going to have much of an argument.

    What reason does he give for not paying the debt. Is the money owed to the school or to the government? If he s paid the money, why are you getting a bill?
     
  4. army judge

    army judge Super Moderator

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    If the loans were PAID to the educational institution you attended by your father, why do you think you aren't required to repay the lender?

    Did you not receive the benefit of the loans?

    Did your father use the loans to pay his debts or fund his lifestyle?
     
  5. adjusterjack

    adjusterjack Super Moderator

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    Assuming the money went to your stepfather and he kept it without paying for your schooling, you might be able to show that a "constructive trust" (google it) existed.

    Consult an attorney.

    PS: How was your schooling paid for if you didn't see any of the loan money?
     
  6. zddoodah

    zddoodah Well-Known Member

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    The implication of this is that you are no longer a student -- i.e., that you haven't been a student for "a few years" (which I interpret to mean at least three years). You should be precise about when things happened because it will be relevant to your question.

    Why? Were these federally-guaranteed loans or private loans? Normally, federally-guaranteed loans are paid to the school, and the school will pay anything in excess of tuition and fees to the student. Who is the borrower on the loans? When did he receive the money?

    Only "now he is refusing to pay"? What about three+ years ago when you were a student? Did he refuse to pay then also? Since you haven't been a student for "a few years," what is there to be paid now?

    I'm confident you "can do" lots of things, including suing your stepfather. How much money is at issue here?
     
  7. OP Trade

    OP Trade Law Topic Starter New Member

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    I didn’t know I had any loans until I had finished University. I received a letter saying I owe ‘X’ amount and found out he had been taking out loans in my name when he said he had been paying my tuition fees.
     
  8. zddoodah

    zddoodah Well-Known Member

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    Well...that's called fraud and ought to be reported to the police and/or FBI.
     
    justblue and Zigner like this.
  9. OP Trade

    OP Trade Law Topic Starter New Member

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    He took out student loans in my name and even signed my name to get them and I had no idea.
     
  10. OP Trade

    OP Trade Law Topic Starter New Member

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    The loans were taken out in my name. He paid for my tuition and then signed my name to get the loans. My last years fees went unpaid and it wasn’t until then alarm bells were ringing and I found out he had taken $80,000 in loans out in my name. I don’t have the money to hire a lawyer to sue him. I don’t know what to do.
     
  11. Zigner

    Zigner Well-Known Member

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    We get it - it's a crime that needs to be reported to the police and/or other authorities, as stated above by @zddoodah.
     
    justblue likes this.
  12. zddoodah

    zddoodah Well-Known Member

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    This story sounds awfully familiar, and I'm wondering if this OP has posted previously about this under a different screen name.
     

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