Is a minor legally responsible for payinga contracted debt?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is a minor legally responsible for payinga contracted debt?

I ordered a wireless USB modem from a phone provider when I was 12 years old (yes, I am a minor). The offer, when I ordered it, was “60 days free”, but I didn’t read the fine print, which said “requires data plan and 2 year contract”. I returned the USB modem, and canceled the service, but the company has ruined my credit, and they continue to send me collections notices. Am I legally responsible for paying them the balance due, taking into account that I am under 18, and can “disaffirm any such contracts prior to reaching age 18”?

Asked on November 6, 2010 under Business Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Time to get your parents involved.  A 12 year old can not legally enter in to a contract anywhere as far as I know.  The contract is not binding.  But at this point in time you are going to need adult supervision to help with straightening it out.  You obviously did some research on the law and have quoted the portion that seems to apply to you.  But an adult need to start the process to recovery here.  Letters need to be written to the collections people (get names of supervisors) the original party with whom you contracted and you need to dispute the transactions with the credit bureaus. Good luck.  Expensive lesson learned.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption