Can a collection agency pursue a minor for a credit card debt?

Full question:

My sons credit report states that he has an unpaid credit card balance of 4000.00. After research we discovered that when he was 16 his daddy requested an additional card on his credit card account with my sons name on it so he could purchase gas. His daddy had defaulted on this account. Since my son was underage and did not sign anything can the collection agency do this.

  • Category: Debts and Credit
  • Subcategory: Credit Cards
  • Date:
  • State: North Carolina

Answer:

Generally, a minor added as an authorized user on a credit card account is not responsible for the debt unless they are emancipated. The situation may depend on whether your son made any purchases on the account after reaching the age of majority, which could be seen as accepting the debt.

Acceptance of a contract requires that the person knows about the offer and intends to accept it. In consumer transactions, acceptance can occur when someone takes possession of a product and pays for it. However, what counts as reasonable acceptance can vary based on the specific circumstances of the contract.

Contracts with minors can usually be disaffirmed unless they involve necessary items. Necessaries include essential goods like food, clothing, and medical care, but what qualifies can depend on the minor's individual situation. In this case, since your son was underage and did not sign anything, he likely has a strong argument against liability for the debt.

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

If you find someone else's name on your credit report, first check if it's a case of identity theft or a reporting error. You can dispute the error with the credit reporting agency by providing evidence. If the name belongs to a family member or someone authorized on your account, clarify your relationship to the debt. It's essential to monitor your credit report regularly to ensure its accuracy.