debt owed when a minor, collectable when minor becomes an adult?
Date: Wed, 08/04/2010 - 19:31
Hello,
I was just contacted by a collections agency for a debt I owed to PayPal when I was a minor.
Basically, I sold an item on eBay, and the purchaser used a stolen credit card to make the PayPal payment. It wasn't until after I shipped the item that the card was reported stolen and PayPal reversed the charge, leaving my account with a negative balance.
I thought at the time that the issue was closed by my mother contacting PayPal, explaining that I was a minor who couldn't be held to any contractual agreement, and PayPal locking my account.
10 years later, I received a call from a collections agency for the amount. I followed up with PayPal, who insisted that even though I was a minor when the debt was due, now that I am an adult I am responsible to pay the amount. I disagree because the fact that I am an adult now doesn't change the fact that I was a minor then and cannot be held now to an agreement I made as a minor.
Who is right? Can I be held responsible for this debt? If not, how can I convince PayPal/the collections agency of this?
Thank you!
Greg
I was just contacted by a collections agency for a debt I owed to PayPal when I was a minor.
Basically, I sold an item on eBay, and the purchaser used a stolen credit card to make the PayPal payment. It wasn't until after I shipped the item that the card was reported stolen and PayPal reversed the charge, leaving my account with a negative balance.
I thought at the time that the issue was closed by my mother contacting PayPal, explaining that I was a minor who couldn't be held to any contractual agreement, and PayPal locking my account.
10 years later, I received a call from a collections agency for the amount. I followed up with PayPal, who insisted that even though I was a minor when the debt was due, now that I am an adult I am responsible to pay the amount. I disagree because the fact that I am an adult now doesn't change the fact that I was a minor then and cannot be held now to an agreement I made as a minor.
Who is right? Can I be held responsible for this debt? If not, how can I convince PayPal/the collections agency of this?
Thank you!
Greg
Two things....you repudiated the debt at the correct time...or a
Two things....you repudiated the debt at the correct time...or at least you mother did. It should have been done in writing. Contracts as a minor can be set aside when using the minor defense.
Secondly....it is out of SOL. Send them an FOAD letter and tell them to pound sand.
Thanks much for the reply! Unfortunately, I think everything do
Thanks much for the reply! Unfortunately, I think everything done back in 2000 was over the phone.
Forgive my ignorance, but what does FOAD mean? I'll try searching for a letter template once I know what to look for. :)
Greg
It means F off and die. Send them the past statute of limitatio
It means F off and die. Send them the past statute of limitations letter.
http://www.debtconsolidationcare.com/letters/notify-ca-expiredsol.html
