Legal Question in Credit and Debt Law in New York

Cell Phone Contract with a Minor

My 17 year old son received a letter from a collection agency requesting restitution from him for defaulting on the terms of a contract he signed when he was 16 years of age without the knowledge of his parents. Now the agency is hounding him for payment and threatening me with payment if he cannot. I thought it was illegal (immoral) to enter into a contract with a minor. How can I resolve this issue? Any help would be greatly appreciated.


Asked on 11/14/07, 8:22 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Cell Phone Contract with a Minor

A minor cannot enter into a contract. I would first write to the agency and explain that your son is a minor and may not be held responsible for the bill. Since you did not sign as a parent, you also may not be held responsible for the bill. You should tell the agency to stop demanding payment.

If after the certified letter the agency still demands payment, you may have a cause of action against the agency under the Fair Debt Collection Practices Act. More information on this may be found on the web.

Mike.

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Answered on 11/14/07, 8:49 am


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