Collection on a minor - Help!!!

Discussion in 'Credit Talk' started by Cadillac408, Nov 6, 2001.

  1. Cadillac408

    Cadillac408 Well-Known Member


    I may have posted this a while ago but here's the deal:

    I'm trying to help a friend. She has a collection account for a bounced check from Wal*Mart on her Experian report. The collection agency is actually a law office. Here's the deal.....the trade was opened on 1/1998. She was 17 (DOB is 2/80) at the time she wrote the check and at the time it was sent to collections. They legally cannot collect on this account correct? I have drafted a validation letter in regards to this but it has not been sent yet. I'm waiting for responses from this thread on how to approach this.

    Please respond! Thanks!

  2. roni

    roni Well-Known Member

    I would think that if she's old enough to have the account, that she's old enough in that state to have collection procedures brought against.

    WalMart? How much can it be? Settle with agreement for deletion! She did the crime, better than doing the time!
  3. Cadillac408

    Cadillac408 Well-Known Member

    That's the thing. In CA you have to be 18 to have a checking account. She was like 16 almost 17 when she opened the account. She didn't lie on anything, Wells Fargo never checked her age. Then when her account became over drawn, then didnt' even report her to Chexs cause that's when they found out that she was a minor.

    The debt in question is for like $140. She just called Experian (who alredy verified it once) and they are going to re-investigate and this time they are going to dispute it as "Not Mine....Consumer was a minor". So we'll see what happens. They haven't reported the debt since 5/2000.

    I originally told her to send them a letter to negotiate full payment for deletion. But I guess when you're 21 and in over your head ALREADY in credit card debt, trying to get this off your report with out having to pay a dime is your first option.
  4. Hal

    Hal Well-Known Member

    Technically a check could be considered a contract to pay, and the checking account could be considered a contract with the bank.

    California states a party is a minor until they reach the age of 18. A minor can enter into a contract in most instances with some exceptions.
    SECTION 1556-1559

    1556. All persons are capable of contracting, except minors, persons of unsound mind, and persons deprived of civil rights.

    1557. (a) The capacity of a minor to contract is governed by Division 11 (commencing with Section 6500) of the Family Code.

    6700. Except as provided in Section 6701, a minor may make a contract in the same manner as an adult, subject to the power of disaffirmance under Chapter 2 (commencing with Section 6710), and
    subject to Part 1 (commencing with Section 300) of Division 3 (validity of marriage).

    6701. A minor cannot do any of the following:
    (a) Give a delegation of power.
    (b) Make a contract relating to real property or any interest therein.
    (c) Make a contract relating to any personal property not in the immediate possession or control of the minor.
    6710. Except as otherwise provided by statute, a contract of a minor may be disaffirmed by the minor before majority or within a reasonable time afterwards or, in case of the minor's death within
    that period, by the minor's heirs or personal representative.

    6711. A minor cannot disaffirm an obligation, otherwise valid, entered into by the minor under the express authority or direction of a statute.
  5. cariba

    cariba Well-Known Member

    Was the check written for necessities? In most states minors may enter into contracts for the necessities of life, i.e., food, clothing, shelter and medical care prior to their 18th birthday, and be liable for the debt once they enter majority.

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