What will happen if my dad is taking me to small claims court for repayment for college loans if he owes none of the debt per my parent’s divorce decree?

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What will happen if my dad is taking me to small claims court for repayment for college loans if he owes none of the debt per my parent’s divorce decree?

Total college loan $69,000 My student loan is $18,000 leaving my parents with the rest. The family agreement was that I pay about $16,500 back to them that they took on in their loan. After the divorce mom got all the debt but dad says that he is entitled to part of the repayment. I feel that all the repayment should go to mom not dad because he is not making any payments toward the loan debt. And even when they were still together they didn’t pay more than what I would have owed them together.

Asked on June 2, 2012 under Bankruptcy Law, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best way to defend the small claims court matter that your father is bringing against you for repayment of college loans is to show up in court with a certified copy of the maritial dissolution agreement between your parents where your mother is obligated for the college loans and not your father.

I would also bring your mother to court as a witness on your behalf.

In answer to your question, if your father owes none of the college debt that he is suing you for, the court should rule in your favor.


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