Can a minor of 17 sue another minor of 17 for $300 that they had agreed to pay toward the cost of a plane ticket?

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Can a minor of 17 sue another minor of 17 for $300 that they had agreed to pay toward the cost of a plane ticket?

I planned a vacation to visit my friend on the assumption I’d be paying half. She told me she could pay me half for the tickets 1week after I came back home. Believing my friend whom I’ve known for a decade, I purchased the $800 round-trip ticket. After the vacation, I went home. A week later I asked for the money, she said she didn’t gave enough so I offered to take $100 off. She told me to wait a week. I’ve continued to contact her for over a month now only to hear unreliable excuses from her. She tells me now it’ll be months before I see the money (if I see it at all). Can I sue her?

Asked on August 17, 2011 Hawaii

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A minor can sue another minor in your state as well as all other states in this country. However, for such a proceeding to commence, the minor filing suit would need to have a "guardian ad litem" placed as the real party in interest for him or her at the time the lawsuit is filed because minors per statute are required to have an adult represent their interests in a legal proceeding.

If you file suit through the guardian ad litem, she would have to file an answer through a guardian ad litem or risk being defaulted.

From what you have written, you are owed some money for the airfare from your friend. Had the representations she made to you not been made, you would have never bought her the round trip tickets.

Good luck.

 


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