Legal Question in Credit and Debt Law in Michigan

Minor fraudlently send for adult material

A minor (16 years old) who is a ''ward of the state of michigan'', prior to becomming a ward ordered a set of cooking recipies. He was told by his parents to mark the package ''return to sender'' and put it back in the mail box. Several months later he is arrested and made a ward of the state and moved to a rehabilitation location, where he has remained for nearly a year (10 months). Today his parents received a call from a collection agency claiming that the son owed money for the product ordered. The parent explained the circumstances and was told that they were responsible for the contract entered into by the minor child.

Question: Can a child enter into a binding contract? If not, then the parent shouldn't be responsible to pay the debt for an illeagle contract should they. The company claims that the parent is responsible because the boy stated he was of legal age to enter into the contract.


Asked on 3/09/04, 11:59 am

1 Answer from Attorneys
Gregory J. Roth Gregory J. Roth, PLLC

Re: Minor fraudlently send for adult material

Generally, contracts made by minors are voidable at the minor's option upon reaching age 18. The product/contract you describe would likely fall into that category. The parents would not be responsible unless they indpendently agreed to the contract. An attorney would be helpful in addressing this issue with the collection agency, but it may be cost prohibitive depending on the amount of the debt. If you have any questions, please contact me at www.lawgreg.com

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Answered on 3/11/04, 2:50 pm


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