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    rscott75's Avatar
    rscott75 Posts: 1, Reputation: 1
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    #1

    Nov 8, 2018, 12:26 PM
    Law suit in Florida
    I am being sued by a private student loan company in Florida. I did co-sign for my daughter in 2006 for the loan. She got into financial trouble and could not make payments. She or I have never heard from the creditor.

    I had to file bankruptcy in 2009 and was discharged in March 2015. In May of 2016 I received a petition stating that I was being sued for the unpaid balance, interest fees, late fees and atty fees. I answered the petition in the time required and answered their Request for Admissions as well as sent them my own and a Request for Production.

    The admit to losing the Original Note. The signature on the note they have is not mine thou my daughters is correct. Also, there are two documents they have that were notarized in two different states, NY and VA.

    They have never tried to collect from daughter, she lives in IN. I am defending myself as Per se. I don't agree with the amount they have.

    Can I use the fact that the signature is not mine and the two documents that were notarized in two different states as a defence? The two documents do not meet the guidelines for Notarization in Florida. One of the documents states the amount I owe and the other one is when the note was sold to another creditor.
    Thanks
    Rscott75
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 8, 2018, 04:10 PM
    If you listed and included her loan in your bankruptcy, then you should be OK.
    If you did not include it, then you will owe it. And they may sue and get a judgement and a garnishment

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