Legal Question in Credit and Debt Law in Massachusetts
17 yr old & debit card
When my 17 yr.old son started community college, Bank of American was there to sign him up for an account. They sent him a debit card which he used for $47.13. I tried to call BOA, but they wouldn't speak to me (our son has CP & can be hard to undestand) about resolving this when we saw the bill. We wanted our son to deal with it (try to get a job etc) since he used it. (He says they told him there would be $10.00 on the acct, but I think that was if he actually deposited money...)
Now we get a letter from NCO Fin. saying he owes $47.13 + $492.39 Fees! (yes, it has gone on about 6 months). He is now at a school in Norway for disabled students until next summer. This letter arrived. Any thoughts on if/what we should do as the parents? (We never signed anything as we didn't even realize he had signed up for a BOA until we got the statement for him owing $47.13!)
2 Answers from Attorneys
Re: 17 yr old & debit card
Well, there is a perfectly legitimate issue regarding whether your sone, at age 17, was competent to enter into a contract in the Commonwealth of Massachusetts. General Laws Chapter 231: Section 85O deals with contracts and the legal age to enter into them.
Section 85O. Any person who has attained the age of eighteen shall have full legal capacity to act in his own behalf in the matter of contracts and shall be liable in any civil action for breach thereof.
If, as his parents, you did not co-sign or ratify his contract, and if the charges were made prior to his turning age 18 (because if he made the charegs after his 18th birthday, he would have ratified the contract) then it seems that a copy of his birth certificate would be enough to beat this case.
Re: 17 yr old & debit card
Pursuant to Massachusetts General Laws, Chapater 231, Section 85(O), any person who has attained the age of 18 yo shall have full legal capacity to act in his own behalf in the matter of contracts and shall be liable in any civil action for a breach thereof. Thus, it may be your son's contract with BOA is voidable. The other issue is whether or not your son may have an action against NCO for violation of the Fair Debt Collection Practices Act for falsely representing the character, amount or legal status of the debt. Please feel free to contact my office for a free initial consultation.
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