Can parent (primary holder) sue child for student loan?

Asked about 1 year ago - Lansing, MI

For my undergraduate degree, both myself and my parent took out significant loans to cover the expenses. My parent did not involve me in the discussions of the loans, I was only informed that I must pay them back once I graduate. In the final years of my undergrad, I became more involved and took out the majority of the loans out in my name. But I soon found out that my parent had taken out a significant portion of loans out in their name. Now my parent is trying to get me to pay for the parent plus loan. I already paid about 5 grand, but I felt like I was pressured to do so. Now my parent wants me to something down in writing that I will pay the loans out in full myself. Can I be sued since I have already paid some on the loans-somehow admitting that I was responsible for them?

Attorney answers (2)

  1. Scott Matthew Nichol

    Contributor Level 8

    Answered . Parent Plus loans are loans taken out by the Parents to assist them in paying for their child's education. These loans cannot be taken out by the student and therefore it is unlikely that you signed the loan documents agreeing to be personally liable when they were originally taken out. These loans are a contract between your parents and the lender and you likely have no obligation to pay these loans back.

    Regarding your parents request that you sign a written document agreeing to pay the loans I would advise you take extreme caution before signing any such document because this would very likely make you liable to your parents for the balance of the loan. If you do think about agreeing to sign a document I would advise you have an independent attorney review the document prior to signing so that you know exactly what your rights and responsibilities are.

    Finally, it is unlikely that your parents would be successful in suing you regarding these loans if you refuse to sign the document they are requesting. Paying the amount you did could be argued to be a gift to your parents agreeing to help them out and not an agreement to pay the entirety of the loan. If your parents do try to sue you, especially if they serve you with court papers, I would contact attorney immediately.

    Hopefully this advice helps put your mind at ease. Feel free to contact my office should you need further assistance.

    Scott Nichol is licensed only in the State of Michigan. All answers provided relate only to Michigan law and are... more
  2. James M. Osak

    Contributor Level 15

    Answered . Talk to a local attorney about these loans.
    Good luck!

    THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL... more

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