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arric · Oct 19, 2007, 10:37 PM

A collection agency filed a judgment against me at the age of 17. I have read some of the Q&A’s and the papers weren’t summoned to me or my parents directly. Of course I tried to clear the situation up with the collection agency, I told them that I would have been 15 at the time I would have applied for the credit card through CapitalONE. At this point they got nasty and sent me an affidavit, so far they have lost my affidavit documents twice. The Judgment was established in Rochester, NY—Monroe county. Please some, what are my options?

I found this information out at 19 years old through my credit report.

excon · Oct 20, 2007, 04:47 AM

Hello arric:

You need to go back to the court that issued the judgment and file to have it overturned due to lack of service. Once it's overturned, defend yourself based upon your age. You'll win.

excon

froggy7 · Oct 20, 2007, 12:31 PM

Excon,

I know that technically the age would be a defense, since a 15-year-old can't enter into a contract. But, let's assume for a minute that arric did (which is an important point... is this your debt or not?) If arric had applied for the card, and signed it, I am pretty sure that there are terms in the fine print that say that you are attesting that you are of legal age. So, in that case, can they go after him for the debt since he lied? If not, why don't parents get cards in the under-age kid's names, run them up, and then just not pay them off and keep the stuff?

I've always been curious about this part of the law, so any answers would be appreciated.

excon · Oct 20, 2007, 01:29 PM

Hello froggy:

Even though the kid lied, the merchant STILL can't enter into a contract with him. It's just like the kid lying to get cigarettes. The merchant who sells them to him is STILL liable.

excon

PS> Parents DO do that to their kids. It's called identity theft. I think ruining your kids credit is child abuse.

arric · Oct 21, 2007, 08:32 PM

Thank you so much for quick response. I will try your recommendation and report back to you. Also, I work for my local Police Station and Identity Theft statue didn’t exist until 2002, this occurred back in the late 90's. Once again, thank you.