Santee, CA asked in Child Support and Family Law for California

Q: Stepdaughters father sent me a written statement stating he would pay his daughters student loans. He is not. Can I Sue?

Stepdaughter is not and has not paid her student loans I co-signed. Her father sent me a statement saying he would pay her loans which I have. He has not paid anything. I haven’t spoken to stepdaughter in 10 years. No idea where she is and her father won’t tell me.

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: Under California law, the written statement from your stepdaughter's father, where he commits to paying the student loans, could potentially serve as a binding agreement, depending on its specific wording and the context in which it was made. If it clearly outlines his intention to take over the payment responsibility and meets the criteria for a contract, including consideration (something of value exchanged between the parties), then you may have grounds to pursue legal action against him for not fulfilling his promise.

It is crucial to review the written statement for its enforceability. Factors such as the presence of key terms, clarity of the obligations, and whether any consideration was provided by you in return for his promise (such as you not pursuing legal action against your stepdaughter) will be important. If the agreement meets these criteria, it could be considered a valid contract.

Given these circumstances, consulting with a legal professional who can assess the specifics of your situation and the written statement is advisable. They can provide guidance on the likelihood of success in court and assist in determining the most appropriate course of action. This may include negotiating a settlement or proceeding to litigation to enforce the agreement.

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