Full question:
When I was 17 I was shopping in a department store when a sales associate asked if I would like to sign up for their credit card. I said I wish and that I'm only seventeen so I can't. She told me we could try anyway. She entered my information and I was declined. The sales associate then decided to change my birth year by one year so I would be 18. Two months after I received and started using the card, the credit company called my house and spoke with my mother about my missed payment. My mother told them I was not 18 and couldn't have a credit card. They told my mother to fax a copy of my birth certificate and drivers license to them. Once she did that they told me I was legally not responsible for the debt and the contract was void. Then a couple months later I turned 18 and the credit card companies had debt collectors calling me about the debt. They are now claiming that I have to pay the debt. I only used the card for a little over two months and didn't use it at all once I was 18. So am I legally responsible to pay the debt? And if not, what steps would I have to take to clear the situation up?
- Category: Debts and Credit
- Date:
- State: New Jersey
Answer:
Generally, contracts made by minors can be unenforceable. This means that an adult cannot always force a minor to fulfill their promises or pay money owed under such a contract. If you were under eighteen when you obtained the credit card, you might not be held liable for the debt. However, if you ratified the contract after turning eighteen by using the card or taking other actions that indicate you accepted the contract, you may be responsible for the debt.
You can disavow the contract within a reasonable time after turning eighteen. Simply waiting to disavow it is not enough to show that you ratified it. The credit card company must prove that you ratified the contract. If you return any benefits you received, you may be able to void the contract, even if you misrepresented your age when obtaining the card.
To resolve this situation, consider contacting the credit card company to explain your circumstances and provide documentation proving your age at the time of the contract. You may also want to consult with a legal professional for guidance on how to proceed.
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.