Debt as a Minor

I don't believe the CA. Just because you turn 18 doesn't make it your debt. It would be the responsiblity of the parent/guardian. When you take your child to receive medical care you fill out forms/sign papers that state who is the guarantor of the bill, I'm sure one of your parents did that, and minors can't enter into contract without written consent of the guardian/parentt. I would dispute the debt.

Ask the collection agency to show you the papers about this debt? It is their responsibility to prove that the debt is legitimate and the proper breakdown, including when and where this happened should be given to you. If I were in your place, I will be curious because your mother already paid off the debt when you were a minor. How come this collection agency got anything about this debt been unpaid for so long?? Are they trying to get some money from you illegally? Hmm... Don't let them do this. Use your legal rights, force them to validate the debt in writing. They have to follow the federal laws.

My minor child accrued a credit card at 15 or 16 and maxed it out with his friends. My child is now 17 and the creditors are calling non stop (10x's a day) what do I tell them? I refuse to pay this debt and wonder how a child can receive a credit card. I am the one who receives ALL the calls but they refuse to talk to me stating that they will only speak with my child. How do I stop the calls? The debt is something he will have to worry about later.

Neither of you are required to pay on this debt since it was obtained improperly. Though your son should be made to pay this since he more than likely fraudently obtained the card.

If your son's name is unique (no Jr. II, III etc) make an enlarged photo copy his Driver's license (black out the License Number and then recopy it) and send it to the collector with a letter telling them to stop contacting you.

I incurred $500 court costs 7 years ago when I was 16. My mother never paid them and now a collection agency is after her and she told them she has no money, and gave them my phone number and said, hes an adult, get it from him. Am I responsible since this happened when I was a minor?

It depends on who the court said was responsible.

i am am 17 years old, and i received services from a lab when i was 16. the services are confidential. The lab is billing me for over 500$. they are now trying to send me to collection. I know that they can't but how can i get them to stop harrasing me? i already told them i dont have a job, i am a full time student and that i am having alot of medical problems as is. I will be having another surgery in june. I don't want my mother to find out what the services were for, so what should i do?

This duplicate post was responded to in this thread.

My 16 step-daughter was visiting her mother in a different state. The mother took her to the doctor for all of these kinds of tests. Now we are receiving medical bills in my daughters name. Isn't that illegal?

The doctors office was probably not given the correct information for the responsible part for your step-daughter. Plus minors CAN enter into contracts for "necessities of life" and be held accountable.

You are incorrect. Minors cannot enter into any kind of a legal contract. In this particular case, the custodial parent would be responsible for any debt incurred by the minor child.

Did you go to Belford Law School? Minors CAN enter into contracts...the only difference is they can be repudiate at the age of majority. Contracts involving minors are only legally binding if they are buying things that are necessities, or, in other words, items that are essential to their day to day living. This could include items such as food, school clothing and books. However, if the minor is buying a luxury (toys, designer clothing etc) then the contract is not legally binding.

Plus there is no such thing as a minority defense for student loans. Those are legal binding contracts.

I went to The University of Texas law school lady. I specialize in contract law. You probably need to defer to me on this.

Laws are different in Texas?? You might want to review the law.
http://www.chicagofamilylawblog.com/-news-and-updates-contracts-with-minors-are-voidable.html

In general, individuals must possess the requisite "legal capacity" to enter into a valid and binding contract. Contract law regards such legal capacity as the capability of understanding the nature and consequences of the transaction. In most states, minors do not have capacity to enter into contracts until they reach the age of majority, usually 18 years of age or older. However, this does not mean that minors may not make contracts at all. Rather, the law is designed to protect minors by discouraging other parties from entering into contracts with them. Accordingly, contracts with minors may or may not be binding, depending on the circumstances.

By the way, I went to Osgoode Hall Law School.

I didn't go to law school, but I've had several business law classes; one dealing specifically in contract law.

I remember the professor spent a whole lecture discussing implication and effect of minors entering into a contract.

It is not illegal to enter into a contract with a minor. But prior to and shortly after becoming of age, the minor can disaffirm the contract. If they obtained goods under the contract, however, they will still be obligated to return those goods.

A contract with a minor is not automatically null. The minor can affirm it by action or inaction. For example, if a minor opened a credit card, turned 18, and then kept using the credit card - that action would affirm the original contract.

Time itself can also affirm a contract. If a minor intends to disaffirm a contract, they should do before or as soon after they turn 18 as possible. IE they can't wait 5 years until they're 23 and then say "oh, by the way, I never meant to sign that contract."

Exactly. So much for a texas law degree..

lol!

And more...
"http://consumer-law.lawyers.com/Contract-Basics.html"



"LawyerDan",
I think she would be glad to defer to you IF you can provide a Legal reference in your defense. Which you can't. Because you're wrong, and she is correct.

Hi DebtCruncher,

What if the minor did not return the product to company? Does it mean that he will be responsible for it soon and MIGHT compromise his credit score?

Thanks.

Here's the example my law professor once gave: a minor entered into a contract for purchase of a vehicle. Upon leaving the dealership he got into a car accident, and totalled the car. Because he was a minor and the contract was therefore voidable, the minor gave notice of his intention to avoid the contract and gave back the keys to the car. The dealer could not pursue him for damages because, after all, he returned the goods which were the subject matter of the contract.

If a minor enters into a contract for purchase of goods, and thereafter "avoids" the contract without returning the goods, the company cannot come after the minor for money but can attempt return of the goods. The worst case scenario being that they could file a suit seeking a replevin order, in which case a judge can demand return of the goods.

I would imagine that attorney fees could not be awarded against the minor, and so a company probably would not go that route unless the goods had significant value.

Keep in mind that the minor generally needs to avoid the contract before they turn 18 (or legal age) or soon therefter. If they "do nothing" then time itself may ratify that contract, in which case it just might show up on their credit report.

Wow, that example is problematic for the sole reason that, as my quote above says, it depends on the state (a car *can* be considered a necessity). And why would a dealer sell someone a car when they no option of enforcing payment? That makes no sense to me.

Henderson,

Your comment beats me. I know that each state has its somehow 'different' actions and definitions.. but would be able to site some examples that will probably enlighten us all.

Thanks.

Makes no sense to me either, Chrys. That's why we have a policy of simply not doing business with minors.

I believe the minor has to be sincere in his dealings too. In other words, if a minor misrepresents his age to appear of legal age, and the dealer/lender enters into contract in good faith on belief that the minor has capacity to contract, then the minor can be held to that contract.

Question:

When I was 17 my mother took me to the hospital in FL. I am now almost 23 and my grandparents received a letter stating that I owe for an unpaid medical bill. I have since moved out of FL since graduating high school. I did not sign or fill out any of the paper work at the hospital. The statute of limitation in FL for medical bills is 5 years. In about 3 months I will have hit the 5 year mark. What should I do?

I have a two medical bills from when I was 16 that are in collections, I had insurance at time, but the medical office still billed me for the treatments or services provided, I was living with a aunt from out of town at the time and when I moved back to my parents all the bills where being sent to her home and I didnt recieve the infromation until the final notice of being sent to a collection agency was sent. Now being 21 going on 22 next month these medical bills in collections are hurting my credit severely, is it possible that I could dispute this account from my credit report being that I was only a minor when the treatment accured and indeed having insurance,?? I don't think there worth paying being that this account has already been on my record for 5-6 years, and if the average time accounts stay in collections is 7 years then maybe I can dispute them or just wait until they clear?? Any advise is dearly appreciated...:confused: