judgement against my daughter

I can't see how that could be legal in Minnesota either!! As you said, minors have no say in the matter, so how can they possibly be responsible? Minors are not legally even able to enter into a contract! However, the fact that you've spoken with two attorneys who can't answer the question is a concern. Hopefully, someone with knowledge of Minnesota law will come along with some advice! :?

Minors can enter into contracts, particularly for "necessities"...dental work would come under necesseties...

Thank you both for your replies. A big thank you for taking the time to google minors and contracts. That topic seems quite broad to me. When my daughter received services (getting braces) she was 14 years old. The orthodontist at no time discussed what the cost would be or the payment plan with her. Nor did she sign anything. All discussion and signitures were done by me (her mother). So I'm still unsure how she would become legally responsible once she turned 18. She had no idea what getting braces entailed.

And that's exactly why it doesn't seem like she could be legally responsible. Even IF she could enter into such a contract in Minnesota, SHE didn't enter into the contract. So I still can't see how SHE could be held responsible for the debt. Yes, she did receive the benefit. But if you hadn't paid your bills for her food, lodging, clothing, etc., would that make her responsible for the debts?? :?:

I have a fourteen year old daughter, and I would hate to think that someone is going to come calling on her in four years for the debts that I'm currently unable to pay! :!:

What I dont understand is how they could add her to an already filed judgement. Was she served?? I would suggest either calling the court to see if she was in fact served...she is entitled to her day in court too.

Other than that, I would suggest contacting the MN AG's office.

If the original summons and complaint had a "Jane Doe" added as a co-defendent and the judgement was awarded, then it could be updated with the correct name at a later date. Since she was a minor at the time that the suit was filed and the judgement was awarded, they may have had to file that way.

Thank you again for your replies. The original summons never had a Jane Doe on it. It was filed against my husband and myself. When she turned 18 we received judgement papers again and her name had been added. The only thing she has personally been sent were the forms to fill out where she had to list any assets and income. Well at 18 and just going off to college she had none. This whole thing has been very upsetting and I just can't seem to make any headway. Soaplady you suggested I contact the MN AG's office. I thought about that. I think that will be my next step. I did check out there website and I'm not sure how helpful they will be. It clearly states they cannot give any legal advise. It looks like they are basically there for consumer complaints. I would file a complaint but for some reason I can't get an answer if this practice is legal in Minnesota. My ND bankruptcy lawyer thinks it is highly unlikely. At least my attorney in ND knows the state laws here but that doesn't help me in MN. What a mess.

I'm no expert; however, this all sounds like a buch of poop, the CA is trying to get away with.

Wait a minute, since this was a contract the parents entered into with the orthodontist, while the child was underage. I'm sure there wasn't a clause in the contract that stated they would add your daughter to it when she reached the legal age of 17. I just don't see how they can come back and add her to the judgment when the parents must have been the ones to sign it and not the child.

Do you have a copy of the original contract?

If this were permissible, then a child's name could be added to just about any contract his parents entered into, and once the child turned 18 he could be added to it? So the parents buy a house or a car, and as soon as a child turns 18 he is responsible for the loan too? This is just making no sense to me, at all.

I would not just call your states AG's office, and I would also be sure to send them something in writing, questioning this. I might also suggest for your daughter to dispute this judgment that is on her credit report with the CA/Law Firm is that has their name on it, as well as the CRA's. Tell them to produce a signed agreement for the original debt that shows and underage daughter is responsible for it also, as soon as they reach 18.

I mean think about it, how many children in America would be saddled with debts their parents signed for (like braces or eyeglasses for the kid) and agree to pay, however, defaulted on.

This really sounds like some illegal chicanery the CA is trying to get away with. I would definitely suggest contacting your state's Attorney General's Office for starters.

Keep us posted as to what happens. I'm especially curious of the outcome of this.

Yep, sounds like a bunch of poop to me too. I just got off the phone with the Minnesota AG's office. The lady I spoke with said this is a case they will take. They had me complete a consumer complaint form and it is now in the mail. What the AG office will do is try mediating and come to a solution. which is I want my daughters name off the judgement and I will pay the balance due. The lady at the AG office wasn't sure whether something like this is legal in MN but will be looking up the statutes. Regardless of whether it is legal or not she stated they would take the case because it was the wrong thing to do. So we will see if they can help. I will keep you posted. Thank you all again and I would still appreciate any comments or info you may have that might help my case. Thank you all.

That's great news that the AG will take the case! Keep us posted!

Great News!!!

Please keep us posted on the status and outcome of this. I'm dying of curiosity.

A judgment can't be entered/added to a person who was not a party to the lawsuit. It is a legal impossibility.