Legal Question in Civil Litigation in Illinois
In the fall of 2009, my son (who graduated high school, May 2009) was approached by the parents of his friend and classmate. They told him that they needed assistance in turning on the electricity to their new apartment and that if he would provide them with a copy of his drivers license and ss# it would allow them to have electricity and that they would pay the bill.
Yes, the obvious happened. They did not pay their bill and in the Spring of 2010 my son (who still lives at home) received a call from a collection company. The bill was $980 and he worked all summer and fall to pay off the debt.
Is there any recourse for my son? He was definately taken advantage of my these people. I would like to make certain that they do not do it to anyone else.
At the end of the day he did learn a valuable lesson and he now has the blemished credit report to prove it.
Thank you for your feedback,
Concerned Mom
2 Answers from Attorneys
If there is anything in writing evidencing the nature of the transaction between your son and the other persons, you may be able go after them to collect a debt--although chances of actually collecting on any judgment in such circumstances is very rare.
If there is nothing in writing and no other tangible evidence other than simply words of mouth, I do not see how you can prove in court or in any proceedings that what you son did was not simply a gift...
A valuable lesson indeed!
Was your son 18 at the time of the alleged transaction? Minors cannot legally enter into a contract. If he was 18, then he is responsible for his debts.
While you probably have an uphill battle, it would not hurt to contact the parents of the 'friend' and find out their version. You might be able to shame them into doing the right thing.
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