How to Prove Student Loans Are Not Yours
If you have been contacted by a student loan provider or collection agency regarding overdue student loans that you never applied for -- or if you notice a reference to a student loan that is not yours while reviewing your credit report -- you must deal with the situation immediately. Student loan debt is taken very seriously. Should you fail to prove the student loans are not yours, you may find yourself being sued over the debt. Your wages and bank accounts may even be garnished -- to pay off someone else's student loan!
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Instructions
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Request copies of your credit reports if you have not done so already. If you have been contacted regarding the debt, you can be sure it appears on your credit report. The correct contact information for the lender will be listed within the loan's trade line.
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Call the lender and ask to speak with a supervisor immediately. Explain the situation. Give the supervisor your name and Social Security number to check if you are on file. It is unlikely the provider will have the correct information for you. If it does, this may indicate that you may be the victim of identity theft. Get the name of the supervisor and request a full investigation.
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Go to the police department and fill out an identity theft report. File the identity theft report with the credit bureaus immediately.
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Mail the lender a copy of your picture ID, the identity theft report (if the loan is due to identity theft), a copy of your Social Security card and a letter explaining that the student loan is not yours. Ask for the loan to be removed from your credit file. Also request that a written statement acknowledging that the loan does not belong to you be mailed to your home.
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Check your credit reports in 30 days to verify that the entry has been removed. If it has not, call the lender again and ask to speak with the same supervisor. Explain that you sent a letter containing the information necessary to prove that you do not owe the student loan. Also explain that you will be disputing the information with the credit bureaus, who will be conducting an investigation. Let the supervisor know that you intend to sue, should the incorrect information be verified by the credit bureaus.
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Dispute the student loan with each credit bureau. Send a letter explaining the situation, a copy of your picture ID, a copy of your Social Security card and a copy of the identity theft report, if applicable.
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Allow 30 days for each credit bureau to conduct a full investigation and provide you with a report. If the lender does not verify the accuracy of the information - and it should not, given your documentation - the student loan will be removed from your credit report. The credit bureaus will notify you of the results of each investigation.
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File a lawsuit against the lender should it verify the incorrect information as accurate with any of the credit bureaus. If the information is removed, resend your request to the lender for written confirmation that the debt never belonged to you.
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Tips & Warnings
Be polite when dealing with the lender. You are far more likely to receive cooperation from the supervisor if you are civil and respectful.
Document every step of the process. Keep copies of all written correspondence. Also, document the date and time of every telephone call and what was said. Organized documentation will come in handy should you have to seek legal recourse to resolve the issue.
