A loan company is attempting to collect on a student loan made to my wife's son. The signature on the loan papers was her former husband's who now claims on a notarized letter to the company that he had no knowledge of the loan and that his signature on the loan papers was forged by my wife. What are our options? The loan company wants her to produce her driver's license, social security number, and marriage license. Are we obligated to pay back the loan?
You can challenge the loan company. Your best course of action is to send the loan company an affidavit, in which your wife swears, avers, and affirms that she never signed the papers, did not forge ex's signature, and that, in fact, the signature appears to be the same signature her former husband used during the 12 years they were married. Second, refuse their request for information until a court orders you to produce it. If they lived in a community property state when her ex signed the papers, both are liable for the debt and it should have been apportioned in the divorce settlement. She may need to reopen the property settlement and have the court declare the debt as belonging to her ex.
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