Judgment on a Minor
Date: Tue, 02/06/2007 - 13:10
When my daughter was 16 she had a job, so I opened a bank account for her. She and a friend went to an amusement park and she lost her checkbook. She didn't tell me, so I was unaware until the bank called and said it was closing the account because it was $1,200 NSF. Turns out the checkbook didn't get lost but was stolen by my daughter's friend who forged three checks. We reported it to the bank, but not until after the account was closed. Two of the creditors wrote off the charges. One of them, the amusement park, had an attorney file in small claims. Despite the fact that we told the attorney my daughter was a minor, he still got the judgment against her. No one came after me despite the fact that I had opened the account for her and was the responsible party for it.
My daughter is now 23 and wants to clear up her credit. The judgment was improper because she was a minor, but I think that it's too late to appeal this. It's been 7 years.
Judgments are renewable as per the state laws. Check with your s
Judgments are renewable as per the state laws. Check with your state and verify with the court if the creditor is trying to renew it. Judgments are reported in the credit report for seven years if they are not renewed within the time period as per the state law.
The judgment served on your daughter is not actually wrong because she was allowed to have an account by the bank and sign checks. You have to take documents in the court and prove your stated defense.
A little to late since it was 7 years ago. Minors can't be sued
A little to late since it was 7 years ago. Minors can't be sued. They should have served me since she was a minor and I signed on the account as the responsible adult. The bank came after me, so the attorney for the creditor should have come after me too. But after this much time I'm not sure that anything can be done unless they try to collect. I'll check with the court to see if it was renewed.
If you had filed forgery charges against the friend who stold th
If you had filed forgery charges against the friend who stold the checks there probably wouldn't have been any issue except for the friend who would have a criminal record.
I know a situation where someone had stolen my friend's checkboo
I know a situation where someone had stolen my friend's checkbook and my friend knew who stole it. She went to her bank about it and they advised her to fill out a police report. She did fill out the police report and took a hand writing analysis test to prove it wasn't her writing. Once it was proven it wasn't her's, the police handled everything from there. Also, the bank closed that account and issued her another one.
Hindsight. I'm a lot smarter now than I was 7 years ago. My da
Hindsight. I'm a lot smarter now than I was 7 years ago. My daughter is going to dispute it on her credit report and see if that helps. If not, we'll hope that the SOL runs out without renewal. If it comes to a point of garnishment, she'll take it back through the courts. If she'd been upfront about it when it happened, I probably could have dealt with it. The bank came to me for the $1,200. They've got the judgment but she was never ordered back to court to declare her assets. If she had, they would have realized the problem with the judgment.
:shock: :shock: :shock: :shock: :evil: Damn sometimes I wond
:shock: :shock: :shock: :shock: :evil: Damn sometimes I wonder why god let lawyers use our oxygen!!With the small minority that have impressed me,they can be sneaky scum. Alright here is my $.02. In my state,there is no expiration to vacate civil actions incurred due to fraud.I would think proof that a minor was sued in their name only would be more than enough to throw that judgement out.I would then sue the park and attorney personaly for messing up her credit and bringing illegal action to court.I would also move judge for legal sanctions on attorney for illegal actions he took to get judgement.
Next file complaint with bar association in your state as well as attorney general.Keep us posted.
LOL!! I work for attorneys. I can't totally disagree with you,
LOL!! I work for attorneys. I can't totally disagree with you, but they aren't all that way. Being on the frontline with them, this would be something I would have to do Pro Se because attorneys don't like to sue attorneys. It's a good 'ole boy's club. I'm already helping my daughter Pro Se and it's exhausting ... more for me than her because I have to do the pleadings. I think we'll take the easy route on this for now and see if disputing it works. If not, we'll figure out where to go from there.