Is my son legally responsible for a loan that he signed for when he was only 17 years old?

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Is my son legally responsible for a loan that he signed for when he was only 17 years old?

My son signed a school loan when he went to a technical school in AZ he was a few months short of 18 years old.

Asked on July 29, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your son wanted to get out of a loan that he entered into when he was a minor then he most likley would be able to cancel it provided he returns the benefits reecived from the loan because in most states minors are deemed incapable of entering into a contract.

However, if your son received monies from this loan which he applied for and received when he was a minor, he is legally obligated to pay back the loan. Minors can be sued for wrongs committed when they are minors or for obligations that they entered into where benefits are received. The theory for repayment is called "unjust enrichment". The rationale is that a benefit was given to a minor. If the minor wants out of the agreement, the benefits need to be returned.

 


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