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  1. #1
    Join Date
    Mar 2005
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    Michigan
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    28,906

    Default Re: Educational Debt? Collections Scare?

    I hate going through this every few days. Minors can enter into valid contracts on most subjects; of those contracts, most of them are voidable during minority, meaning that the minor can seek to get out of the contract but generally has to restore the other party to the condition he would have been in had the contract never been entered. Depending on state law, when the minor reaches the age of majority or shortly thereafter, if no action has been taken to void a contract it becomes binding.

    But that doesn't appear at all relevant here, as it appears that the only contract entered was between your mother and the school. You could ask your mother to take care of her delinquent debt. If they do take you to court, you can raise the defense that you're not a party to the contract (just a "third party beneficiary").

  2. #2
    Join Date
    Aug 2008
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    3

    Default Re: Educational Debt? Collections Scare?

    Quote Quoting aaron
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    I hate going through this every few days. Minors can enter into valid contracts on most subjects; of those contracts, most of them are voidable during minority, meaning that the minor can seek to get out of the contract but generally has to restore the other party to the condition he would have been in had the contract never been entered. Depending on state law, when the minor reaches the age of majority or shortly thereafter, if no action has been taken to void a contract it becomes binding.

    But that doesn't appear at all relevant here, as it appears that the only contract entered was between your mother and the school. You could ask your mother to take care of her delinquent debt. If they do take you to court, you can raise the defense that you're not a party to the contract (just a "third party beneficiary").

    But if indeed it is a contract, is the statute of limitations not up on this? The collector was saying that this was educational debt and therefore, no sol exists.

  3. #3
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    Mar 2005
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    Michigan
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    28,906

    Default Re: Educational Debt? Collections Scare?

    Quote Quoting jdunn7
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    But if indeed it is a contract, is the statute of limitations not up on this? The collector was saying that this was educational debt and therefore, no sol exists.
    Whether or not a statute of limitations might apply depends upon the nature of the debt. But that's peripheral to the question of whether or not it's your debt.

    When you asked your mother about this debt, and whether she would take care of it to get this collection agency off of your back, did she refuse?

  4. #4
    Join Date
    Aug 2008
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    3

    Default Re: Educational Debt? Collections Scare?

    Quote Quoting aaron
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    Whether or not a statute of limitations might apply depends upon the nature of the debt. But that's peripheral to the question of whether or not it's your debt.

    When you asked your mother about this debt, and whether she would take care of it to get this collection agency off of your back, did she refuse?
    She nor I have the means to pay it. The collector said that ultimately it was my responsibility since my social is on file. Can a judge issue a garnishment without me knowing about it until my employer notifies me? The nature of the debt is "educational" but I never applied for a loan and it's not federally funded. It's been over 6 years since any activity was made to the balance of the loan. What other information do you need to determine the nature of the debt with regard to the SOL?

  5. #5
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Educational Debt? Collections Scare?

    Instruct them to stop contacting you. If they sue you, raise as one of your defenses the fact that they have no contract with you.

  6. #6
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Educational Debt? Collections Scare?

    Quote Quoting aaron
    View Post
    I hate going through this every few days. Minors can enter into valid contracts on most subjects; of those contracts, most of them are voidable during minority, meaning that the minor can seek to get out of the contract but generally has to restore the other party to the condition he would have been in had the contract never been entered.
    My apologies. I'll take the "D-" and do better in the future

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