PMama Posted October 20, 2010 Report Share Posted October 20, 2010 hey everyone!I am currently battling a suit against me by Citibank. I am writing an opposition to their motion for summary judgement. The evidence they entered into the court was a photocopied portion of a monthly billing statement that has COMPLETELY wrong dates on it. They reference a missed due date so long ago that I was legally unable to obtain a credit card at the time. I want to bring this up in my defense. Anyone know of a case law, MO state law or federal law that prohibits minors from entering into a credit card agreement or financial contracts in general? I've been searching here and on the web to no avail. You're help would be appreciated! Link to comment Share on other sites More sharing options...
jq26 Posted October 21, 2010 Report Share Posted October 21, 2010 No. But you would lack capacity to enter into the contract. That would make it VOIDABLE by you provided certain things occurred. Usually that requires that within a reasonable time after the age of majority, you contacted them and informed them of the mistake. The new federal does have strict age limitations, but it doesn't apply retroactively. How about a statement by you that it could not be your credit card agreement because you were clearly under the age of 18? Alternatively,How about showing that the missed due date is the first date of delinquency, thereby initiating SoL, and thereby arguing the affirmatibve defense that even if the court finds it is yours somehow, the statute of limitations has run and the action should be dismissed? Link to comment Share on other sites More sharing options...
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