debt incurred as a minor

Discussion in 'Credit Talk' started by charm, Dec 23, 2002.

  1. charm

    charm New Member

    I recently requested a copy of my credit report. I was shocked to find an outstanding collection item in my name. The problem is that, I was only seventeen when this debt was incurred. I was not aware of this service being in my name. How do I go about resolving this issue? Any advice will be greatly be appreciated.


    Charm
     
  2. chmod444

    chmod444 Well-Known Member

    If you do not owe the money, and an account was fraudulently opened in your name, it should be relatively easy to dispute it directly as "not mine" with all three CRAs.

    But, if you do owe then debt, well, you may have been under 18, but that doesn't necessarily mean you're not responsible for the debt. Was there an actual contract? Was this a credit account? If it was just a utility (phone company, water bill, whatever), it won't matter that you were 17. But if you signed a contract for cell-phone service, then the store that sold it to you should have asked for an ID.

    Please provide more information.
     
  3. jlynn

    jlynn Well-Known Member

    Hmm I would have to disagree about the utilities. Even though their MIGHT not be a written contract, they agree to provide utilities, you agree to pay, thats a contract. Don't think you can be held liable for anything like that under 18, unless you are emancipated - even if you lie, and say you are 18. My wonderful teenager signed up for one of those Columbia record things- and then realized they were sending her stuff, then billing it, and she didn't have a job! I just wrote them a letter, told them she was 15, go away. They wrote me a letter of apology!
     
  4. chmod444

    chmod444 Well-Known Member

    Yeah, I see what you're saying, but does that mean that a 13-yr-old can go into a restaurant, order a meal and eat it, and then claim that they can't be held liable for the cost of the meal? Isn't there an implicit contract there?

    I just can't seem to figure out where you draw the line, unless it's whether or not you're dealing with a signed contract.

    Any lawyers out there?
     
  5. breeze

    breeze Well-Known Member

    Signed contracts. Ordering a meal in a restaurant is not a contract. Signing up for utilities is. A contract executed by a minor is not enforceable. Unfortunately, the creditor often waits until you are of legal age, and then they proceed with collection efforts. It sounds like you didn't know about this. Most often, this kind of fraud is committed by someone close to you - a family member, roommate, or close friend who has access to your information.
     
  6. jlynn

    jlynn Well-Known Member

    I agree, and whether or not she knew about it isn't even an issue...she can't be held liable.
     
  7. jlynn

    jlynn Well-Known Member

    And to make it easier, you can just tuck this bit of info in your pocket for now - don't give it away, you are liable to see dates change, just send out validation and dispute with CRA's, maybe it will go away the easy way. How long ago?
     
  8. breeze

    breeze Well-Known Member

    Excellent advice. And keep everything!!!

     
  9. charm

    charm New Member

    Thanks for all the information! This account was opened up in my name when I was seventeen. I'm now 29. The account in question was a cable bill. I suspect that it was a close relative who fraduently opened this account.
     
  10. chmod444

    chmod444 Well-Known Member

    If you were 17 and now you're 29, this has to be way past the SOL and way past the 7-year reporting limit. If the CRAs are reporting this now, you should sue them.
     
  11. lbrown59

    lbrown59 Well-Known Member

    Definitely
     
  12. jlynn

    jlynn Well-Known Member

    Not necessarily. It was Opened 12 yrs ago, but when was it closed/date of last activity?
     
  13. lbrown59

    lbrown59 Well-Known Member

    Not necessarily. It was Opened 12 yrs ago, but when was it closed/date of last activity?
    =======================
    Don't matter he was a minor
     
  14. jlynn

    jlynn Well-Known Member

    LB,

    We are keeping about 1 conversation apart here. Chmod said it was past the 7yr reporting period, and the SOL, which you then agreed. I was trying to make the point, that it depended when it was closed/DOLA. What if they only disconnected the service 2 years ago?

    I know none of this matters because he was a minor! But we are really having two different conversations. LOL

    Merry Christmas!
     
  15. Butch

    Butch Well-Known Member

    Jlynn,

    I just got one of those damn things for my teen. She was 17 at the time, (now 18).

    I've been wondering what to do with this. Come to find out she does owe it, but it'll be on her CR if we don't handle this right.

    Sharing your contact info. would be appreciated.

    :)
     
  16. jlynn

    jlynn Well-Known Member

    Don't know if its the same company, but I just used the address for payments:

    Customer Service Center
    1400 N. Fruitridge Ave.
    P O Box 1131
    Terre Haute, IN 47811-1131

    Re: Customer No. 91100879617 - jlynn, jr.

    To Whom It May Concern:

    I am the parent and legal guardian of your above listed customer, who has just handed me this collection letter from you.

    1.We moved from Texas to Florida in early June, and have had continual problems in receiving our mail. Please provide proof that â??Whatâ??s Going Onâ?, was shipped and delivered, as neither one of us know anything about this.

    2.Due on Contract â?? My daughter is 16 years old. As you are well aware she is not at the age of majorityâ??therefore she cannot enter into a legal contract.


    I would have been happy to call you to discuss these issues, however you provide no phone number anywhere for customer service. That makes your motives suspect.

    I demand that you halt all collection activity immediately. However, if you can provide proof that the item listed in number one was delivered, then you will be reimbursed. For the remaining balance of $79.28â??you are out of luck.

    Your attention to this matter is appreciated.



    jlynn
     
  17. Butch

    Butch Well-Known Member

    Thanx Lynn.

    Wish me luck.

    LOL
     
  18. lbrown59

    lbrown59 Well-Known Member

    But we are really having two different conversations. LOL
    jlynn
    ================
    Guess we are!
    Which one are we talking about?
    L O L
    BUDGET HOMES CO.
     
  19. whyspers

    whyspers Well-Known Member


    LMBO! My 15 year old daughter did the same thing and I did the same as you and received the same response as you.


    L
     
  20. tessmcgill

    tessmcgill Well-Known Member

    My daughter is now 22 years old. However, two years ago, two collection/charge off entries were on her Experian file. The charge off amounts were large and occurred during the year she was 14.

    These two entries kept her from getting a summer job at Neiman-Marcus. She didn't even have a credit card at the time.

    We sent a copy of her passport and driver's license with the dispute letter. *In the letter we mentioned that she could not have completed the transactions because in Texas, she was not considered an adult and of legal contractual age when the debts were incurred.* [I would include this statement in your dispute letter]

    The entries were removed quickly after they received the letter, however, the job was given to someone else.

    We attributed the entries to Experian poor quality control and recordkeeping as seems to be more the growing standard.
     

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