Legal Question in Personal Injury in Pennsylvania
Contract Law
My sixteen year old son gave an adult male a $250.00 down payment on a go-kart- we have a reciept- he is refusing to give back the deposit and he broke the contract himself due to refusal to rectify the remaining issues he promised to fix prior to recieving the remaining funds- what can we do?? Also as a minor-- should the adult have accepted it to begin with? Please help- my son worked hard for that money---name removed-
2 Answers from Attorneys
Re: Contract Law
Shame on that adult! As a legal matter, a contract with a minor is not enforceable. Your son has a right to the return of the money. I recommend filing a complaint in small claims court. The folks there are usually quite helpful, it is relatively inexpensive to file and serve the complaint, (and the folks at the courthouse can usually help you do it), and you ultimately recover those costs back when you win the suit.
I'm sorry this happened to your son and wish you and he good luck in getting the money back.
Re: Contract Law
In Pennsylvania, minors (under the age of 18) cannot bind themselves to contractual agreements. Thus, the contract was never valid to begin with, and your son is likely entitled to "recission," which is to put everyone back to where they were before the contract.
While you could hire an attorney to represent you, the cost of that would almost certainly exceed $250, so you probably want to file a lawsuit yourself in small claims court. Call the clerk at your local municipal court (the same place traffic tickets are heard) and ask them to help you file a small claims lawsuit. It is a fairly straightforward process involving the filing of a complaint and then a hearing before the municipal judge.
Make sure you have all of your documents in order for that hearing. Both you and your son should attend the hearing.