Pass my debt to my parents?

by Alberto
(El Monte, Ca, USA)

I was called by a representative from Bank Of America, telling me I owe money to them.
I explained that I wasn't able to pay my debt off and then the representative told me that my debt would be passed on to my family.
Live at home and they are providing me with the simple necessity to live.
I was wondering can they do this, pass the debt to them?
Get them involved or is this one of does scare tactics..
What should I do?
25 year old college graduate with out a job..

Comments for Pass my debt to my parents?

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Dec 10, 2010
 Are parents liable for son's debt
by: Mary

Sorry you are going through difficult times Alberto. Your parents cannot be held responsible for your debt unless they are co-signers on your credit card account. In other words, if you obtained your Bank of American card in your name only, then you are responsible for the past due debt, but if one or both of your parents are on the card too, then they are as liable as you are for the debt.

If your parents did not cosign for your debt, then the person who contacted you on behalf of Bank of America is violating the law by threatening you with an action that he or she is not legally entitled to take. Therefore, you should meet with a consumer law attorney who helps people resolve problems with debt collectors. (By the way, as a California resident your rights are protected by both the federal Fair Debt Collection Practices Act and your state's own debt collection law, commonly referred to as the Rosenthal Act.)

I recommend that you contact California attorney Robert Brennan (1-888-453-6665), who co-authored the California edition of Debt Collection Answers with Gerri Detweiler and me (Your first appointment will be free.)

I also recommend that you consider purchasing a copy of the California edition of Debt Collection Answers so that you can become more informed about your debt collection rights as a CA resident and your options when you are dealing with debt collectors.

If your parents did co-sign on the account for you, then they are liable for the debt you have not paid. In that case, you should definitely talk with them about what is going on if you have not already done so because the three of you need to decide what to do about the money you owe.

Regardless of who is liable for the debt, you have options for paying it off:

1. Contact the Bank of America representative to try to work out a payment plan that you can afford.

2. Try to settle the debt for less than the full amount that you owe on it. Click here to get a free consultation with a debt negotiation expertConsumer Recovery Network or call 1-800-939-8357.

Our book Debt Collection Answers clearly describes both of these options and other options as well

Bottom line, if you can afford it, it's best to try to resolve your debt sooner rather than later because if you ignore it, you may end up being sued for the money you owe, which will only add to your problems. Best of luck!

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