What are my rights if my parents agreed to pay loans but never did?

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What are my rights if my parents agreed to pay loans but never did?

My friend’s parents verbally agree to pay school loans minus room and board. Then the friend pays the parents the $20,000 for the room and board for the 4 years but the money is never applied to the students loans. Is there any legal action available? Would is be a breach in contract? His parents have never made a payment on the accounts and it has ruined his credit score.

Asked on August 4, 2012 under Bankruptcy Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your friend needs to speak with an attorney. He may not have any recourse in this case, if the agreement was only oral (or verbal): that's because in your state (and in most states), a promise to pay off another's loan or debt must generally be in writing to be enforceable. Without a written agreement, your friend might not be able to enforce the agreement against his parents. There may be some way around that usual prohibition, based on the specific facts of this case, but that's why your friend needs to talk to a lawyer in depth about his situation.


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