calling all lawyers!

How old are you now? If you borrowed the money I would recommend paying it.

Buckets

 

How on earth did this happen? I can see one account getting past the age thing but 11?? Did you use a fake date of birth on the applications?!

 

Did you use the accounts after you turned 18?

 

Yes but even on pre-approved cards you still have to fill out a mini app right?

 

You cannot legally enter a contract unless you are 18 unless you have parents consent or something like that.

Eventhough that's the law, I don't know how a judge or jury will look upon it.

If I recall all those apps have a provision where you certify you are at least 18 years of age or something. If this was there, the OC could say you fraudulently obtained the credit card which is even more ugly.

I wouldn't recommend that defense but I ain't a lawyer either. Run it past a reall attorney and see what they think.

 

How old are you now and when did you lat pay the OC and finally, what state do you reside?

 

That's what I was thinking too edoggie. Most, if not all, credit applications have the 18 year age disclaimer...but what if he filled out the app with his actual date of birth and they still issued the card?Seems to me then the Creditor dropped the ball when processing the app. and the fraud thing is a little less weighty.

I want to think that any contract entered into with a minor is null and void because it was never legally binding from the start.

 

I don't think the disclaimer makes a difference. For example, if a creditor sends a 7-year old a pre-approved application and the kid represents that he's over 18, the kid does not bcome liable because of his misrepresentation.

Unless there is a specific law or case law in his state that would make this different for 17-year olds, I don't think a 17-year old has the capacity to contract.

 

Re: Re: calling all lawyers!

Your example is flawed. If a minor commits fraud, it's still a criminal act and not a civil matter. Minors can be brought up on criminal charges, and if close enough to 18 even tried as adults.

So far the original poster has evaded some legitimate questions.

Am I the only one who thinks something doesn't smell right here?

Gib

 

Re: Re: calling all lawyers!

Joey, you're full of crap.

 

Re: Re: calling all lawyers!

He might be telling the proof. But I have a question for you Joey...did you ever intend on paying the credit card companies back? What happened that you couldn't?

Buckets

 

Re: Re: calling all lawyers!

If you stated your correct date of birth on the card applications, I don't think there was any criminal offense involved. Even if there was, the statute of limitations has probably run on prosecution of any potential criminal offenses (probably misdemeanors with one year statute of limitations, depends on state you were in). Plus, you were a juvenile at the time, so even if you had been charged and convicted, your juvenile record would be inaccessible when you turned 18. So I wouldn't worry about this business of being charged with a crime. You've got a big enough mess to worry about without going there.

As for the debt -- As a minor, you did not have the legal capacity to enter into the contracts with the credit card companies, and if you didn't use the cards as an adult, I think you have a good argument that the contracts are void and unenforceable due to your lack of capacity. This would be a defense to any collection lawsuit brought by a credit card company. State laws vary a bit as to whether contracts by minors are void on their face or merely voidable upon the parents or minor-turned-adult taking some action to void them. Quit paying on these cards, save up a few hundred bucks, and hire an attorney licensed in the state in which you resided to get this straightened out, based on the applicable state laws regarding contracts.

 

How to fight

Ok, simple to try. Your these accounts should have an "open date" on your credit reports. Simply send the CRAs a copy of your driver's license with birthdate on it. Dispute the accounts and say the on the dates these accounts opened you were under 18, how could they be yours?

If you filled out the apps truthfully, you shouldn't have anything to worry about. If you lied on them, you can still be prosecuted for fraud. I can see one or two applications slipping through the cracks, but just find it difficult to believe you got eleven cards with your correct birthdate showing you to be 17 on the apps. If I'm wrong, I apologise.

This thread seems similar to this one:
http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=28487

Gib

 

Much of this depends upon state law.

But generally speaking:

MINORS AND CAPACITY

Under English common law the age of majority was twenty-one. Today, in most states the age of majority for contract purposes is eighteen. However, a minor can enter into any contract as long as its subject matter is legal for a minor. Minors cannot contract to buy alcohol but a minor can contract to rent an apartment. Generally, the difference between contracting with a minor and with an adult is a contract with a minor is voidable by the minor. In effect the minor can choose to keep or not keep the promises he or she makes. The adult who contracts with a minor does not have the same choice. This seems very one-sided but, for obvious reasons, the objective is to discourage adults from entering into contracts with minors.

Once a minor reaches the age of majority the rules change. Shortly after reaching the age of majority the minor must decide to affirm or disaffirm any previously existing contract. All that is required is the minor, by words or action, demonstrate intent to affirm or disaffirm the contract. For instance, continuing to make payments, or discontinuing payments, would demonstrate that intent.

Having a credit card at the point at which one turns to age of majority might be voidable. It would depend upon what the minor did when he/she turned 18. Did you continue to use the cards after you turned 18 Joey? If so, you may have reaffirmed the contract and would thus be liable. At least in so far as the charges you made after your 18th B-Day.

There are some exceptions to the above. They are the duty of restoration and the duty of restitution. Also, what happens if the minor lies about his or her age and what are the effects of emancipation on the power to contract?

First, according to the duty of restoration, if a minor disaffirms a contract he or she must return any goods or other consideration they have received. That is, as long as the goods are still in their possession and even if they are damaged.

In a few states the duty of restitution applies. In such states any minor disaffirming a contract must return the adult with whom they have contracted to his or her former position. Not only must they return any goods still in their possession but also make compensation for damaged goods, goods no longer in their possession or for any other consideration received. This approach protects adults from minors who would try to take advantage of their favored position.

What if a minor lies about their age? It depends on the state. In the majority of states minors can still disaffirm the contract and cannot be sued for the tort of misrepresentation. In some states minors may disaffirm but they can be held liable for misrepresentation. In other states minors may disaffirm the contract if they can make restoration. But there are states, on the other hand, that will not allow disaffirmance at all.

Emancipation frees a minor from the control of his or her parents and gives them the right to their own earnings and to purchase property. Emancipation, though, does not always affect a minor's capacity to contract. Minors can contract for necessities, food, housing, clothing, and etc., and they can disaffirm these contracts, however, they are responsible for the reasonable value of these goods. The law makes minors responsible for the value of necessaries because it wants minors to be able to purchase these goods. The key is whether the goods are necessaries. If the contract is not for necessaries, the minor, emancipated or not, may not be liable.

I might suggest that you go spend a little time with an Atty. It's critical to be completely honest. Don't worry he'll keep your secrets.

Good luck Joey. Let us know what you find out.

OH - and welcome to the board.