Who is liable if a payday loan was received fraudulently?

UPDATED: Sep 10, 2011

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Who is liable if a payday loan was received fraudulently?

An ex-girlfriend applied for a received a payday loan in my brother-in-law’s name. He knew nothing about it and the money was deposited into her account which he had/has no access to. A collection agency has begun hounding him for the money. Is he liable or would it be her?

Asked on September 10, 2011 under Bankruptcy Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your brother-in-law had some one else use his identity to get a loan (ex-girlfriend) and she received it, your brother-in-law is not responsible for the loan, the person who used his identity to obtain it is.

Your brother-in-law should do the following regarding the situation:

1. contact the payday loan company and ask for copies of all written documentation concerning the loan advising the representative for the company that his identity was used for the loan by someone else;

2. contact law enforcement immediately about his identity theft as to the payday loan by his former girlfriend so as to make an incident report for possible charges to be filed by the district attorney's office.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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