What action do I take on my parent for fraudulently using my student loans without my knowledge?

UPDATED: Aug 31, 2011

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What action do I take on my parent for fraudulently using my student loans without my knowledge?

My parent have never allowed me handle my own finances. My father was an accountant and my mother was very overbearing. When enter college my parent made me set up a direct deposit for student loans to their bank account. Thinking my parents had my best interest and my father an accountant, I thought they where making sure the student loan money was going to my school. After running away from home at 21, I found out that my parent had been using credit cards in my name since they ran up all there credit. Even more recently after a trip to the student loans office to learn more about my account, I found out that my parent were using my student loan and federal aid money for school for themselves and continued to do so after I left. I have gone to court to get my stuff back of my parent. The judge made my parent pay me back for the credit, but they filed bankruptcy. Now I’m stuck paying the credit cards which they were suppose to give me money for. On the student loans, I filed a police report with a detective. When I wanted to proceed with the case, the detective never called me back. I calling the police station recently and found out that the detective closed the case. I did not receive a phone call about any of this. What do I need to do? I don’t deserve to be stuck with this debt.

Asked on August 31, 2011 California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You are in an unfortunate situation as a result of your parents' bankruptcy filing in that as a result, they have no obligation to reimburse you for the monies that were your own in that you apparently have not filed an adversary complaint against them for an intentional tort to prevent their discharge in bankrupty court.

As to any criminal matter against them, from what you have written, most likely law enforcement sees this as a civil dispute. I suggest that you contact the credit card companies that you are obligated to due to the fraud of your parents to see what can be done.

I also suggest that you consult with a civil law attorney about your situation.

Good luck. 

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