Legal Question in Credit and Debt Law in California

Minor issued credit card without parental consent - spent lots - didn't pay bill

My son got a ''high school internship'' with a major California firm and worked

there from age 16 to 17. During that time they issued him a ''corporate' credit

card. I (his mother) did not co-sign anything. Upon his termination they did

not collect the card from him nor terminate the account. One day after he left

the company, he decided he really wanted something he didn't have the

money for and tried the card. Once he discovered the card was still active he

charged more. I never gave my consent for them to give him a card nor did I

sign anything stating I would be his guarantor. Is he even legally bound since

he entered into this agreement as a minor?


Asked on 4/14/04, 3:39 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Minor issued credit card without parental consent - spent lots - didn't pay

As a matter of contract law, he may or may not be responsible depending on whether the expenditures were "necessaries" (e.g. food, clothing, health care). But, aside from this, there is the question of criminal liability for embezzlement or some other theft crime such as taking money by false pretenses. If he gets a criminal conviction for theft he will be unemployable. If I were you, and knew exactly how much money was involved, I would quietly repay the money directly to the credit card issuer (by money order) and pray. Plan B, get a lawyer and have him negotiate with the company.

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Answered on 4/14/04, 9:49 am


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