Legal Question in Family Law in Illinois
I am a 17 year old minor, and my situation is as follows. I ordered an item off of the internet using money I received as gifts from relatives a few months ago, but I used my mother's credit card (since I don't have any other way to buy online). She refuses to give me the ordered item, but at the same time refuses to ship it back and give me back my money. Is there any legal recourse I can seek to once I reach 18, or have I forfeited rights to the $200 since I didn't use my own means initially to buy the the item?
1 Answer from Attorneys
The gift money was yours and theoretically you had some voice in how it was to be spent (there are actually laws in Illinois about giving gifts to minors!) We don't know what you purchased, however, and as a minor your parents do have some say so if they think it was inappropriate. But the big issue here is using your mom's credit card if you didn't have her permission up front. While you may always have intended to give her the money to cover your purchase, that doesn't negate the fact that you "misappropriated" its use if you didn't have the up front permission. In today's world of identity theft, if you didn't have that up front permission and WORSE yet did not let her know immediately, wrongful use of a credit card is not only a federal offense but causes huge issues for holders like your mom -- she may have thought it was a fraudulent use. And since you bought it with her card, it's technically hers since you used her credit. I think you need to start with a huge apology and ask for more information about credit cards. Open the discussion with a little bit of humility and maybe you'll find she just wants you to get the point. If she still refuses, at least you tried to do the right thing to set things straight. Good luck and hope it was something appropriate for your age and something your mom will finally work through with you.