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  1. #1
    Join Date
    Jul 2009
    Posts
    2

    Default Considering Suing My Mom, but Do I Have a Case

    Hello all,

    I live in KS and graduated college last year. Before entering college, my mom told me it was a good idea to take out all the student loans I could (even though I practically had a full ride and planned on working through school anyway). Her stated aim was to manage the money and accrue interest on the loans and then immediately pay them off. I didn't have a car and was put in a position where I depended on them for everything, so I had to agree.

    Long story short, a year after graduating I haven't seen one penny of the money and have been paying off the loans for the past six months. I have tried to resolve the matter with her, but she has kept stonewalling on the issue and I have came to the conclusion that the money is long gone. I don't want to sue my mom, so I have waited just hoping things would work out, but they have not.

    I know I am an idiot for entering such an agreement and I should have been much more proactive in the beginning, but I would never have thought that my own mother would steal from me. So my question is, can I sue her to regain at least some of the money?

    Thanks in advance.

  2. #2
    Join Date
    Jan 2008
    Posts
    1,948

    Exclamation Re: Considering Suing My Mom, but Do I Have a Case

    You can sue your mom. However, it is highly unlikely - given what you've written here - that you will prevail.

    Here is another thread about a person in the same pickle...
    http://www.expertlaw.com/forums/showthread.php?t=79510

  3. #3
    Join Date
    Jul 2009
    Posts
    2

    Default Re: Considering Suing My Mom, but Do I Have a Case

    Can you explain why you think I wouldn't win? I'm not saying that I don't believe you, just that I would like more information on your thoughts. I don't want to waste time/money by consulting with a lawyer if they're going to just laugh in my face.

  4. #4
    Join Date
    Jan 2008
    Posts
    1,948

    Question Re: Considering Suing My Mom, but Do I Have a Case

    If you were of legal age and signed for student loans then the money is your responsibility. You willingly gave the funds to your mother. The fact that she is related to you does not matter. Unless you had a contract with her that shows she was supposed to give you a specific amount of money back within a certain amount of time - then it is as if you gave her a gift - not a loan.

    What evidence can you show that this money was taken from you without your consent?

  5. #5
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Considering Suing My Mom, but Do I Have a Case

    Well if the relationship with your mother is beyond any repair, then a civil action would be an idea.

    I doubt any jury would believe that all the student loan money would just be given away as a gift.

    Unfortunately, parents ripoff their children more often than is commonly known. Plenty of people have credit problems, so they get the utilities in the kids name, open credit cards in the kids name, and generally destroy the kids credit before he/she is even 18. Getting your kid to take out a student loan and then pocketing the money is another variation.

    Although it is a verbal agreement, you can still sue for fraud, conversion, misrepresentation, etc.

    The civil action includes a phase called discovery. You can get copies of all the loans. You can get your mom's bank account records that will show the deposits and so forth. You can see exactly what she did with the money.

    Nobody is likely to believe you gave it to her so she could just blow it. Or perhaps it actually is invested somewhere and you can get it back.

    Getting an attorney to take the case though is an entirely different issue.

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