How canI sue my mom for spending my school loan on a car for herself?

My mother took out a loan for me at my school she received the check that was exclusively for my school tuition and she cashed it and bought herself a new car. What can I do? My school was never payed for the year I went there and they are asking me to pay it before I can continue my education.

Asked on December 1, 2011 under Bankruptcy Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your mother misappropriated you school loan that she took out for you and received a check and used it herself to buy a car for her to use and you are personally obligated on the loan, you have the factual and legal basis for a lawsuit against her.

You are in an unfortunate situation in thta you cannot continue with your education because you are unable to repay the loan. Before filing an action against your mother, I would sit down with her to have her sign some sort of a promissory note to you to repay the loan. If she refuses to do so, I suggest that you consult with an attorney experienced in contract law to represent you in this matter.

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