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Civil attorney, do I have to repay the debt of my father who left home?

Civil attorney, the thing is, it has been more than 10 years since my father left home. However, it seems that my father took out a loan from a moneylending company. A little while ago, out of the blue, a call came saying they could not reach my father and demanding that my mother and I repay it instead. They keep calling day and night ever since, and in a case like this, do we have to repay it instead?

Civil attorney

Answer to Related Inquiry

Author: 정찬우

Hello. This is a civil attorney at Daeryun Law LLC.

You and your mother have no legal obligation to repay your father's debt on his behalf.

In principle, a debt is attributable only to the debtor himself, and the mere fact of being a family member does not cause a child or spouse to bear it.

If you have not provided a guarantee or assumed the debt, neither you nor your mother can be held liable for the loan your father took out from the moneylending company.

In addition, a debt collector must not use forceful methods such as assault or intimidation against the debtor or a related person, nor engage in conduct that causes fear or anxiety by demanding that a person who has no obligation to repay the debt do so on the debtor's behalf.

In particular, collection conduct involving repeated calls, nighttime contact, and psychological pressure is strictly prohibited under the relevant statutes, and a violation may be subject to criminal punishment.

Therefore, pressing you or your mother to repay the debt merely because your father cannot be reached carries a strong likelihood of being unlawful.

If such contact continues, it is advisable to record the content and timing of the calls, and to respond by reporting the matter to the Financial Supervisory Service or an investigative agency, or by obtaining the help of a civil attorney.