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Collection & minors???


nyla
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I just received a notice of arbitration & filed a response w/ both the NAF & claimant stating that since the account is currently being disputed w/ credit bureaus & per the FDCPA Section 809b all collection efforts must cease while in dispute.

However the collection account in the claim was one that I opened just a few months shy of my 18th birthday. It's been 7 1/2 years since it was opened & the SOL from the date of last activity is 1 year away. Although playing around as a kid to see if I would be approved I lied about my age on the application & said that I was 18 but provided my correct SSN & personal info & was still approved.

I am aware that in general, contracts are void when it's made with a minor, however can I still use this rule even though I am now of legal age even though the contract was entered into when I was a minor? Also keep in mind that 7 1/2 years since the original application.

Any add'l feedback on this arbitration is also appreciated.

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Unless you closed the account before your 18th birthday, the contract is valid. Credit cards are what is called a contract of adherance. That means you agree to the terms as long as the account is open. Each time you sign a credit slip you are making a contractual agreement to pay for the charges on that slip...so any charge you made after your 18th birthday is completely valid.

As for charges made before your 18th birthday, you can escape those...but you can also be accused of fraud for lying on your credit application; and that's a felony.

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Minors can not enter into a "legally enforceable" contract.

It is said that minors don't have the "capacity" to enter into a contract. They can enter into a "voidable" contract that can be affirmed or disaffirmed upon reaching the age of 18. So, if you entered into a contract before becoming 18, then upon reaching 18 assented to the contract, it becomes valid and enforceable.

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It is said that minors don't have the "capacity" to enter into a contract. They can enter into a "voidable" contract that can be affirmed or disaffirmed upon reaching the age of 18. So, if you entered into a contract before becoming 18, then upon reaching 18 assented to the contract, it becomes valid and enforceable.

This is the correct answer.

Gold star for you. :)

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