Is this legal...credit cards suck!!!?

Question

My son was sent a credit card. He lost his job and couldn't pay the 330.00 balance.  Nine years later they are telling him he has to pay almost 2000.00.  Six years ago they made an agreement and told him if he could pay 1600.00 they would make it even.  He could only come up with 1500.00 He sent that in and then sent the 100.00 a few months later.  Here it is the 9 years later and they are telling he owes that 2,000.00.  He has already paid 1600.00 on a 300.00 card.  They are taking him to court (today) to get the additional 2000.00.  With that being said, he was only 17 when they sent him the card!  I don't think it is legal since he wasn't of age.  I am hoping they dismiss the case (except the 300.00). So the questions...is he responsible for the payment of 2000.00 since he was only 17 and would they have to pay back the money to him?

? · Accepted Answer

First of all, if he was only 17- years old? Then legally no he is not responsible for the debt unless he lied about his age? 

Second this debt was way past the Statute of limitations in every state for collection, but since he paid, that defense went out the window.

Third they are taking him to court today? Show up with your documents and receipts proving this debt is already paid or they will win by default.

Good luck.

? · Answer

It's certainly legal for credit card companies to charge interest and fees due to late payments.  The terms are included in the credit card contract.  Your son has a couple of options to try and fight the charge.

The first is claiming that he paid the $1600 settlement amount.  To show this however, he needs to show some sort of documentation or recorded conversation with the credit card company showing that the was actually offer and accepted to pay this settlement amount.  He would also need to show proof that he actually sent the money.  If he can show this, the court will likely dismiss the $2,000 demand.

The second thing he can try is claiming minority.  Minors under 18 years old can void contracts for non-essentials at their discretion (i.e. anything other than food, clothes, and shelter).  However, they can agree to assume a contract's obligation once they reach 18.  Since your son already started paying back the debt, it's likely that a court will say that he agreed to resume payment, so he likely won't get away with this defense.

Try doing the first thing though, that's seems like your best bet to winning.

mattes · Answer

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pickmefirstplz · Answer

do not pay anything go to court tell them he wants to see the paper that proves he owes $2000.00

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Is this legal...credit cards suck!!!?

4 Answers