Credit report dispute? Can you dispute a contract opened by a minor?
My younger sister opened an account with t mobile (and on the agreement it said you have to be 18 years of age and she checked the box, shes only 16, almost 17) And now she ran up a bill and its in collection. Can this be disputed since they opened a contract with a minor? Sure she checked the box to say she was 18 or over, but to open the account they asked for her SSN, so shouldnt they have known?
Public Comments
- No, they shouldn't have known. Although she may get out of the contract, it will likely go on her credit report. And this will affect every decision she makes for the next several years. Her ability to open a checking account, a potential new employer, and future creditors. So she should get a job, whatever way necessary and pay the bill to rescue her integrity.
- Yes, a minor cannot enter into a legal contract. Since she is under 18 the contract is null and void.
- There are a couple of parts to this. There is no age just based on the SSN. The Birth Date on a credit report will only exist if it was previously reported. So there is no automatic way through that that they would know she was under 18. However, they should have checked her ID. Since she was under 18 the contract is more than likey voided from this point. The problem comes in that T-Mobile still MIGHT be able to attempt to collect the debt. Because she did make the charges and she did represent that she was over 18 by checking the box. The reason they have rules for minors to not be able to sign contracts is because they may not know all of the ramifications. If T-Mobile could prove she knew what she was doing they might still be able to collect. Whether or not they will attempt to do this would depend on how well they feel they could prevail. You might just want to see if you can get a free consultation with a local attorney and see what they say for the exact law of your state.
- Contracts entered into by a minor (an "infant") – one below the age at which state law deems persons to possess capacity to contract, currently 18 years old in most states – are generally voidable by the minor-party, even if he misrepresented his age. A minor can furthermore avoid contractual obligations for a reasonable time after attaining the age of majority. However, if he fails to disaffirm within a reasonable time, the contract will become binding against him.
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