My Mom Owes Me $12k And Hasn't Worked In Years- I Want To Sue Her, Yet I'm Worried I Won't Get Anything...

Question

My ex-boyfriend took out a school loan for my mom to start her own business, that I co-signed on. Payments start in November and he won't be enrolled in school anymore. My mother basically blew the money that was supposed to be used for her business, so there is nothing left. And yes, I asked her if she blew it smoking crack, lol. But seriously-I really feel stuck between a rock and a hard place, yet I feel like I have no choice but to sue. She has no intention of paying it back and this will affect my credit. I think it is really unfair that I will have to pay thousands of dollars that I didn't even benefit from. The sad thing is, she hasn't held a job in 6 years and no plans of working. She owns NO PROPERTY or has ASSETS OF ANY KIND. I read through alot of the answers already, and most people have said wages can be garnished if I sue, or her home can be taken. Since she has nothing to claim- what are my options? If I sue-will it be a complete waste of time?

Answer 1

well not to be mean, but if you knew that she hadn't had a job in 6 years, why would you offer to co-sign? What I would've done is say to her ok, if you can show me by going to school, taking out loans and grants yourself, to pay for these business courses, then I'll think about co-signing? If you knew, I'm not saying you did, and it's ashame that you can't trust your own mother, but if you knew that she wasn't trustworthy or responsible with money, you shouldn't have agreed. The only thing I can say is you really are out of luck. Maybe the judge can order her to find a job and pay you back. IDK.

Answer 2

What is she living on now?  If she doesn't have a job, or own property or other assets, where is her money coming from?  How does she buy groceries, pay the electric bill, etc.  Your mom is a deadbeat and suing her -- if she has no income, assets, bank account, etc -- is an exercise in futility.  It costs money to sue, even for a small amount in small claims court, and it adds up to another loss for you.

Tell your mother that you are very disappointed that you cannot trust her, and that if she does not cough up the money in time to repay the loan, you would want absolutely nothing further to do with such a despicable person.  If she does not come up with the funds by the time it is due, walk out of her life.  She has done you a terrible wrong, and your life will be richer without a crook in it.  It is hard, but you will be glad you set the ultimatum and stood up for yourself.  There is a great deal of self-esteem to gained by standing up for what is right when someone does you such a terrible wrong.  

If she ever apologizes and makes restitution, forgive her and let her back into your life.  Do not hold a grudge -- that would only hurt you.

Answer 3

Well unless you got this in a contract, it probably won't stand up in court.  And even then, it might just backfire because they will probably say "If your boyfriend took out money for college, then he should have used it for college, and not for a loan to your mother."  Well good luck though.  I hope you get your money back.

Answer 4

"She owns NO PROPERTY or has ASSETS OF ANY KIND"

Then a lawsuit is pointless - you can get nothing from her, right?

Answer 5

Do you have proof that it was to be used as a loan, and it was not a gift?  Did you have her write out a business plan and sign it?  If not then your out of luck.  If shes not working how is she paying her bills? They will prob have her set up a payment plan that she will have to pay.  And they would garnish her wages (or whatever type of income she has) also they would take her tax returns and everything also.  Im sure they will do something like they do for child support.  The gov takes the money and a small collection fee (normaly about $4) and then they turn around and send you a check for the monthly payment (you dont pay the collection fee, she does) then they will keep track on what she's paid and what she owes.

Answer 6

you wont get anything in court.  Maybe you will if you have some sort of detailed contract with your mom but really that loan is now for the boyfriend or you to pay since you two took out the loan-not your mom.  sorry, but it was not a wise move to give the money to your mom.