US Legal Forms
Legal Resources
Questions & Answers
Contracts
Is a contract for a credit card legal in Michigan or Florida if the customer is mentally retarded?

Is a contract for a credit card legal in Michigan or Florida if the customer is mentally retarded?

Q: Can credit cards sue you in Florida?

Yes, credit card companies can sue individuals in Florida for unpaid debts. If a person fails to make payments, the creditor may file a lawsuit to recover the owed amount. If the court rules in favor of the creditor, they may obtain a judgment to collect the debt through various means, such as wage garnishment.

Q: Can mentally incompetent people enter into a contract?

Mentally incompetent people can enter into contracts, but those contracts may be voidable if the person was unable to understand the nature of the agreement. If the other party knew or should have known about the individual's incapacity, the contract may be voidable. Legal capacity is assessed on a case-by-case basis.

Q: Can mental illness void a contract?

Yes, mental illness can void a contract if the individual was unable to understand the agreement's nature or consequences due to their condition. If the other party was unaware of the mental illness, the contract may be voidable rather than void. The individual must demonstrate their incapacity at the time of signing.

Q: What makes a contract voidable in Florida?

In Florida, a contract is voidable if one party lacks the mental capacity to understand the agreement or if there was a lack of genuine consent, such as through fraud or duress. If the other party knew or should have known about the incapacity, the contract can be voided by the incapacitated party.

Full question:

Is a contract for a credit card legal in Michigan or Florida if the customer is mentally retarded? If yes, is their a cutoff IQ or other variables?

Category: Contracts
Date: 04/07/2025
State: Florida

Answer:

Contracts entered into by incapacitated people are voidable, except when a person is adjudged incompetent, those contracts are void. Contracts are voidable when the incapacity would be obvious to a reasonable person, but the the infirm has no obligation to make restitution if item is consumed or dissipated. Such contracts are voidable if the other side hasn’t performed yet. If the other side did not take advantage of the infirm person and had no reason to know of the infirmity – the contract is only voidable if the infirm can make restituition. A contracting party exposes itself to a voidable contract where it is put on notice or given a reason to suspect the other party’s incompetence such as would indicate to a reasonably prudent person that inquiry should be made of the party’s mental condition. Includes those who are insane, mentally retarded, senile, intoxicated, in shock, etc.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

When can a mentally incompetent person void a contract?

A mentally incompetent person can void a contract if they are legally declared incompetent or if they can prove they were unable to understand the nature of the contract at the time of signing. If the other party was unaware of the person's mental condition, the contract may be voidable rather than void. In such cases, the incompetent person must be able to make restitution for any benefits received.

Can a mentally ill person enter into a contract?

Yes, a mentally ill person can enter into a contract if they have the mental capacity to understand the terms and consequences of the agreement. However, if their mental illness impairs their ability to comprehend the contract, it may be voidable. Each situation is evaluated based on the individual's understanding at the time of signing.