My son applied for 2 credit cards, one through Citi, and one through Capital one. There was no cosigner. He went through severe depression, and was hospitalized and diagnosed Bipolar. He ran up 2 Grand in debt, and is almost 18. We want to find out if he is liable, or if I am liable for the charges since I was not aware until today.
Thanks much

If you didn't co-sign I am not sure they can get you for the debt.
Him being a minor I don't think there is much they can do about it because legally they can not hold a binding contract with a minor. I think they have to prove fraudulent intent before they can do anything about it.

This is what blows me away with some credit cards! I don't think they can go after him at all due to him being a minor. I don't think they can come after you, but in the States I was told that some States do have it where the companies can. This I am not really sure on, it was what I was told, so please look into it! It has to do with the guardian having to pick up the debt done by the minor.
I really wish credit card companies would stop handing cards to minors!

If he filled in an false date of birth, they can prosecute him for fraud. But they can't force payment because a contract with a minor is invalid. They MIGHT be able to sue you on the grounds you didn't monitor him close enough. So I would suggest consulting with a local attorney.

Quote:

---

Originally Posted by cdship

My son applyed for 2 credit cards, one through Citi, and one through Capital one. There was no cosigner. He went through severe depression, and was hospitalized and diagnosed Bipolar. He ran up 2 Grand in debt, and is almost 18. We want to find out if he is liable, or if I am liable for the charges since I was not aware until today.
thanks much

---

Age at which he can enter into a contract varies from State to State. What State are you in?

I believe it's Fr Chuck who said the credit card companies may very well pursue you if he lied about his age, you knew it and you knew nothing. Will they win? Anybody's guess. Will they threaten to have him arrested for fraud in order to leverage you into paying? Possibly.

My feeling is both Citi and Capital One will attempt to get Judgments against him and then they have an extended period to try to collect. You would have to argue that he is a minor and you had no knowledge.

This is a shady area of the law so to speak, first there can not be a legal contract to a minor, but unless that minor lied,

So the credit card company can perhaps press criminal charges against the 17 year old for fraud, now this is a catch here, since in many states a 17 year old will be tried as a adult, I know in GA they are.

So the credit card company may also try and sue the parents, since a parent is normally responsible for the debts of their children.

Or they may just try and collect from the 18 year old.

Under strict common law, ( first year law school) we learn the story of the minor buying the car and the car place having to take the car back, since the minor can not sign a legal contract.

But here the credit card company is a third party biller, and the actual store where the minor bought things, was paid by the credit card company, So if they credit card company charges back the store, then each store may come back against the minor for fruad.

I could play this out a 100 different maybes.

So best bet, hire an attorney to handle it. But then an attorney will cost you more than 2000 so you may be better off paying it??