nyla Posted February 16, 2007 Report Share Posted February 16, 2007 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. Link to comment Share on other sites More sharing options...
the aussie Posted February 16, 2007 Report Share Posted February 16, 2007 Minors can not enter into a "legally enforceable" contract. Link to comment Share on other sites More sharing options...
Methuss Posted February 16, 2007 Report Share Posted February 16, 2007 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. Link to comment Share on other sites More sharing options...
nascar Posted February 16, 2007 Report Share Posted February 16, 2007 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. Link to comment Share on other sites More sharing options...
IHateCAs Posted February 16, 2007 Report Share Posted February 16, 2007 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. Link to comment Share on other sites More sharing options...
IHateCAs Posted February 16, 2007 Report Share Posted February 16, 2007 So how long has this account been in default? Link to comment Share on other sites More sharing options...
nyla Posted February 16, 2007 Author Report Share Posted February 16, 2007 This account will reach the 7 year statute of limitations in 1 year. Unfortunately, the arbitration just came in, but I have several defenses that I will use.Thanks for the viewpoints, which all made a lot of valid sense Link to comment Share on other sites More sharing options...
nyla Posted February 16, 2007 Author Report Share Posted February 16, 2007 Great point! Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted February 17, 2007 Report Share Posted February 17, 2007 .... Link to comment Share on other sites More sharing options...
chilton1 Posted February 17, 2007 Report Share Posted February 17, 2007 GA SOL is 4 years for credit cards! Link to comment Share on other sites More sharing options...
IHateCAs Posted February 17, 2007 Report Share Posted February 17, 2007 GA SOL is 4 years for credit cards!You sure about that? Link to comment Share on other sites More sharing options...
IHateCAs Posted February 17, 2007 Report Share Posted February 17, 2007 According to the OP (who is a tad confusing), this account is near 7 year delinquent anyway. Even written contracts in GA have a 6 year SOL. It's time barred either way. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted February 18, 2007 Report Share Posted February 18, 2007 Yes but did he not say it was one year away from SOL based on DOLA.. I was going to respond as well but I re-read his first post.. he says he opened it then "but it is one year away from the sol of DOLA and yes in Ga its four years Link to comment Share on other sites More sharing options...
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