Galveston woman sues in-law, loan company over fraudulent loan

John Suayan, Galveston Bureau Nov. 25, 2008, 4:00am

GALVESTON � A Galveston County woman accuses her daughter-in-law and a student loan services company of ruining her credit, recent court documents say.

Carla L. Welder filed suit against Alicia Welder of Dayton and Sallie Mae Inc. in Galveston County District Court on Nov. 20.

She alleges Alicia Welder used her name without permission to obtain approximately $80,000 in loans, and faults Sallie Mae for failing to exonerate the debt.

Court papers say Carla L. Welder, who is represented by Galveston attorney Anthony P. Griffin, learned her credit and identity were compromised in September 2006.

"Plaintiff discovered that her credit and good name had been misappropriated by unknown persons and used for purposes of incurring debt," they explain.

Carla L. Welder noticed outstanding loan amounts of $26,000; $28,000; $10,000; and $11,000 were taken out with her name. She eventually learned Alicia Welder initiated the transactions, the suit says.

It further explains Alicia Welder reportedly created an account with Sallie Mae using Carla L. Welder's name on its Web site.

"Sallie Mae violated its own policy and took an applicant over the Internet without confirmation that the co-signer was actually the co-signer," the suit says.

The plaintiff decided to take action when she received a subject notice letter.

"Plaintiff would learn that the extent of the misappropriation was the cosigning of the note in question," the suit states.

Carla L. Welder discussed the matter with both Alicia Welder and Sallie Mae.

"Plaintiff informed Alicia Welder of her discovery, telling her that the debt on her part was not authorized," the suit says. "Sallie Mae was told that the debt was not approved by her either orally or in writing."

The complaint argues neither defendant made the effort to remove the debt.

"Sallie Mae in fact has continued to bill plaintiff," it says.

The suit blames the defendants for Carla L. Welder's loss of credit and emotional distress and seeks a declaratory judgment from 122nd District Court Judge John Ellisor.

"Plaintiff seeks a declaration that there exists no contract between she and Sallie Mae Inc. and that placing credit information on her credit report is both unauthorized and without justification," the original petition says. "(In addition), plaintiff seeks a declaration that the debts belong to Alicia Welder."

Case No. 08CV1172

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