What to do if m daughter defaulted on a school loan and now they are asking me to pay?

My daughter was 2 months away from her 18th birthday when she applied to Cosmetology School. The school told me I had to sign because she was still a minor. I told them that I did not want to be responsible for her student loan/debt. They said she would be responsible for her own school loans. She was expelled from the school for poor attendance. The school sent her to collections and now the collection office is calling me. They said I am responsible for her debt. I am currently in a Chapter 13 and cannot afford another bill. Any ideas on what I should do?

Asked on March 23, 2012 under Bankruptcy Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Speak with an attorney. As a general matter, if you cosign another's loan, you are responsible for it. However, if the school knowingly misrepresented (lied about) your liability to get you to cosign, that knowing misrepresentation might constitute fraud, which could provide grounds to invalidate the agreement. This is something you should explore with an attorney.


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