Can son be held liable for bills his father doesn't pay for driving lessons?

Questioner

My son lives with me (mother) and was a minor when he started driving lessons. He turned 18 in July, he got his driver's license last month. His father and I have not been in a relationship for 15 years, are not married and he has never lived at the address where my son and I live. Father has entered into an agreement with the driving school owner about lessons and driving test. He gave the driving lessons and driver's license as a gift, at least that was the intention, but now it turns out that a large part of the bill has not been paid. A few weeks ago my son received mail from a debt collection agency that was hired by the driving school owner. I contacted them and gave both the debt collection agency and the driving school owner the correct address of father. The debt collection agency confirmed to me by telephone that the claim is in the name of father. The driving school owner has always been in contact with father via WhatsApp, also about invoices. We have never received invoices at our address, even though the driving school owner says that our address is the official billing address. Despite promises, father still hasn't paid and now the collection agency wants to hold my son liable, because he was the buyer of the lessons. Is this allowed? What can my son do to avoid having to appear in court regarding the bills his father hasn't paid?

Lawyer

In the Netherlands, article 6:162 of the Civil Code (BW) provides the rule that the person who enters into an agreement is obliged to fulfil it. In this case, this means that the father, who entered into the agreement with the driving school, is in principle the one who should pay for the lessons. However, the situation may be complicated by the fact that your son, as the person who received the driving lessons, may also be considered a party to the agreement. According to article 6:164 BW, a minor who enters into an agreement without the consent of the legal representative can always annul it, but that does not seem to be the case here: the father, as parent, had given consent. The question is whether your son, now that he has reached the age of majority, can be held liable for the father's failure to pay the bills. Is he also a party to the agreement, or is he merely the recipient of the gift that the father promised to give him? As a mediator between your son and the collection agency, you can try to reach an agreement that your ex-partner should be held liable. It can also be useful to gather evidence of his promises to pay. As for the collection, the collection agency cannot simply file a claim with someone. They must be able to demonstrate that your son is the legal entity that entered into the agreement with the driving school. If that is not the case, your son is in principle not liable for paying the outstanding debt. It is important that both you and your son take action quickly. Advise your son to object to the claim in writing. He can do this by registered mail and explain why he is not liable for the debt. It may also be useful to hire a lawyer to help him with this. These are complex legal issues and professional help can be very valuable. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.