Mum responsible for debt incurred by adult child?

[AuntySocial]

Good evening. I'm asking for a friend (yeah, right, but I really am) whose sibling has gone to gaol rather than face his debts, to find out if his mother would be responsible for them?

 

She's worried as her mother is 90, had no idea that her son had gotten in so deep, and my friend is worried debt collectors or bailiffs will harass her elderly mum.

 

Many thanks for any advice or if you can point me in the right direction.

[BankFodder]

We need much more information.

What is the debt about – how was it incurred? What is the age it? How old is the son?

 

It's extremely unlikely that the mother will be liable for the sums debts and that she had signed something such as a guarantee of loans.

Sorry but you've given us really no detail to go on at all

[dx100uk]

no she can never be responsible...end of.

the only outside chance is if she ever signed a guarantor loan agreement WITH him.

 

bailiffs/courts will know he is in the clink.

 

as for dca's , they are totally powerless and are NOT bailiffs and have ZERO legal powers on ANY debt, no matter what it's type.

 

dx

 

 

dx

 

[BazzaS]

You can’t go to jail for most civil debts (only deliberate failure to pay e.g. council tax or court fines)

 

In the majority of cases a parent isn’t liable for the debts of an adult child.

 

So, “probably not”, but (as ever) the details are what matter in case there is an exception (such as a surety or guarantor agreement)

[AuntySocial]

14 hours ago, BankFodder said:

Sorry but you've given us really no detail to go on at all

That's because I honestly don't know anything but the bare bones of the situation, but I was trying to get an idea, which Dx100uk and BazzaS have sorted for me, many many thanks, will pass on to my friend. Thanks to all who answered. Wishing you all the very best.

 

10 hours ago, BazzaS said:

You can’t go to jail for most civil debts (only deliberate failure to pay e.g. council tax or court fines)

The person in question has actually taken actions to change his suspended sentence (on an entirely different matter) to a custodial sentence. He did this so he would be gaoled, rather than face up to his situation - sorry I wasn't clearer.

 

Sorry, too, I've only just seen the 'don't hit quote' signature - I'm going blind!!!

 

Thanks again for all answers.

[Ethel Street]

@AuntySocial  Getting himself gaoled isn't going to make his debts go away! They'll still be there when he comes out and he can stil be pursued for them while inside. It will though mean he won't have to face debt collectors on the doorstep. I doubt DCAs go prison visiting, and he could refuse to see them anyway.

 

I'm not sure the thread has addressed your concern about his mother being harassed by DCAs/baliffs.

 

Even though she has no legal responsibility (unless guarantor/surety or joint borrower) unscrupulous DCAs have been known to put pressure on people to pay debts that belong to another family member. And I note she's 90 years old, so possibly a 'vulnerable adult'.

 

Was the son living with his mother until he went into prison? Is it the address his creditors have? When did he last live there? Does he have assets there ? (car?).