When I was younger, my mother decided she wanted to buy some things through mail order. Instead of using her name, she used mine. Over time she was unable to pay the bills, and we went into debt. Just recently, I was contact about the debt and have found out I am going to be sued. I was under age when my mother did this. Can I still be sued for this, even though I was underage at the time the debt occurred? My mother passed away a few years ago, so it can't fall back on her. Do I need to contact a lawyer? What do I do?
2007-01-22 11:17:53 · 9 answers · asked by RMW, Author 2 in Business & Finance ➔ Credit
They may sue you, but they cannot win. A minor cannot enter into a contract. If they contact you, tell them you were a minor at the time and want to void any contract they have with you. If the court contacts you , sent them a copy of your birth certificate and tell them you were a minor at the time of the contract. the court will throw the case out. This is also a case of fraud ; you never agreed to pay for anything. You should also get a copy of you credit report and see if there is anything on it. If there is write then and tell them you were a minor and did not have anything to do with the debt. They have to put a copy of your letter in your credit report so other companies will know what happened.
2007-01-22 11:40:35 · answer #1 · answered by leaving.florida 3 · 0⤊ 0⤋
No you cannot be sued. A minor cannot enter into a binding financial contract. There is nothing the company can do to you. They will try. They will threaten you with all sorts of things like reporting to your credit file, placing liens against your property (if you have any), etc. They are empty threats. Let any collection agency that contacts you know that you were a minor at the time the contract was signed and that you were not the person who signed the contract. If they persist you have the right to tell them to stop calling you or contacting you in any way. Make sure they are recording the call when you make that statement. Follow it up with a certified letter telling them the same things and not to contact you any more according to public law 1904 (a). At that point they have to cease all communication with you.
Like money lending institutions, collection agencies hate it when they come across an educated person. An educated person knows that the laws are on their side and not on the side of the collection agency.
If you have any further questions you may email me at nebula7693@yahoo.com Questions will be held confidential in accordance with my license and surety bond.
2007-01-22 12:24:13 · answer #2 · answered by nebula7693 4 · 0⤊ 0⤋
Well, I'm not totally sure, but if you can prove that your mother used your information then you shouldn't be at fault - perhaps a lawyer would look at the dates that the various transactions occurred and compare them to your birthdate and see that you couldn't have done these things, esp. if you were like 14 at the time or something. It could get tricky if you were 16 or 17 however because they just try to say that you were old enough and you did these things yourself. Either way, contact a lawyer for legal advice and good luck!!
2007-01-22 11:29:11 · answer #3 · answered by Anonymous · 0⤊ 0⤋
hmm, that's an interesting situation (sorry about your mother, by the way). Ordinarily I think it would be dropped onto her and she might even have been charged for fraudulent purchases (not supposed to use minors for that kind of thing) Seeing how she passed away they're not going to charge her. Its very likely that since you are the next of kin and are now legal the debt could fall onto you, or the credit card company could absorb the charges and let you off the hook (after all you didn't do anything wrong) I guess it all depends on the amount of debt, definitely consult a lawyer though.
2007-01-22 11:24:34 · answer #4 · answered by Anonymous · 0⤊ 1⤋
They CAN sue anyone for anything. The question is, can the legally win. In the case of collection agents, I wouldn't bother with a lawyer until they actually sue. Collection agencies have been know to threaten suing even when they know the never will.
2007-01-22 11:36:48 · answer #5 · answered by STEVEN F 7 · 0⤊ 0⤋
Anybody can be sued at any time for anything. The question should be, "if they sue me, can they win?"
Assuming the facts are as you state, there is no way they could convince a jury you should be held liable, and they are only threatening you to try to scare you into paying. They don't have a case, and won't incur the legal costs to go through with their threat.
Ignore them.
2007-01-22 11:31:31 · answer #6 · answered by Stanley T 2 · 1⤊ 0⤋
sturdy, i'm now no longer completely helpful, yet once you're able to desire to instruct that your mom used your suggestions then you definately isn't at fault - probably a lawyer could verify out the dates that the somewhat a number of transactions happened and study them on your birthdate and be conscious which you merely could no longer have completed those concerns, esp. for people who have been like 14 on the time or regardless of. it may get complicated for people who have been sixteen or 17 whether on account that they simply attempt to assert which you have been historic adequate and you likely did those concerns your self. the two way, touch a lawyer for criminal suggestion and acceptable sturdy fortune!!
2016-11-26 19:52:47 · answer #7 · answered by merriweather 4 · 0⤊ 0⤋
Yep, get a lawyer unless it is cheaper to pay off the debt.
2007-01-22 16:07:38 · answer #8 · answered by Robert S 3 · 0⤊ 0⤋
You need a lawyer a goog one
gowoodriver@yahoo.com
2007-01-22 11:22:05 · answer #9 · answered by cute lover 3 · 0⤊ 0⤋