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Can I sue my mother to transfer debt created by bad checks written by her?

Asked in Wayland, MA - 7 months

My mother agreed to pay for my schooling (University of Maryland). She paid the last two semesters via bad checks. I was unaware of this until i tried to register for classes. The debt is over 25,000 dollars. I would never have attended those semesters if I knew she would be unable to pay for it in any way. Can I sue her for the debt because of our mutual understanding she would pay for this education?

Attorney Answers (3)

Jeffrey K. Varszegi

Jeffrey K. Varszegi

Andover Employment / Labor Attorney

Licensed in MA

Answered 7 months ago. Yes. You can consider bringing a claim under a theory called promissory estoppel, under which you would have to prove that 1) your mother made the promise to pay for your education, which she should have reasonably expected to induce action on your part in reliance on the promise, i.e. attending school and incurring the debt; 2) the promise did in fact induce you to attend school and incur the debt; and 3) injustice can only be avoided by enforcement of the promise. Consult with an attorney experienced in these sorts of claims, and good luck.
Jeffrey K. Varszegi, Attorney at Law
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Raphael Samuel Moore

Raphael Samuel Moore

Davis Business Attorney

Answered 7 months ago. Yes. But I would first review the facts with a local attorney to see how strong your claim is. Good luck.
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Eric Jerome Gold

Eric Jerome Gold

Murrieta Estate Planning Attorney

Answered 7 months ago. Can you sue? The answer is affirmative, you can sue. That doesn't mean you will will. Undoubtedly, you will end up the loser in this, for suing your mother. That being said, the argument that you can proceed is based on the theory of promissory estopple. The basis of the principle is that you would not have attended school if your mother had not agreed to pay for it; you in fact attended school; and, it would be an injustice to allow her to get away with breaking that promise. You should certainly consult with a local attorney to explore your particular facts.
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