Bill in minors name?

My 16 year old daughter got a cell phone in her name about a year ago, she was staying with her aunt after a small house fire (while the house was repaired) so I had no knowledge of it until after the fact. She said she gave them all the correct information, and they never asked for a co-signer or adult. Now, due to early cancellation and two back bills, they are asking for over $500 dollars from her. Is she liable, being a minor. I didn't think a minor could enter into a contract in the first place. When speaking with one of them, I mentioned she was only 16, and they listed her birth year as 1986, it's really '88. When I told them this they just hung up. Any information is appreciated, thanks.

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Well depends on what the laws are in your state about minors and contracts. So it looks like your daughter will be 18 this year, if she was born after March 27th.

So she's been paying for the better part of a year and is just now in the last couple of months, defaulted on her cell phone bill? Did she use any of her parents info to get the credit check? Did she have to pay a deposit to get the cell phone contract?

Sounds like you need to be getting some information from her and taking a look at the contract that she signed, and run this past a lawyer, and not some time later, now, because once she turns 18 she can very well be stuck for it, and it's possible that before she turns 18 that they can come after you for the bill. Again you'll need to know what the laws are in your state. Don't just hope this goes away. Start work on finding out the facts today from her.

Trust me they are going to be looking to your pockets as well as hers.

A good oppertunity for someone to learn about responsibility and paying their obligations, me thinks. But I would take that good advice and find a lawyer. The longer this goes on the more damage is done. Credit, collections, fines. Even if she gets out of it maybe have her work off $500 to donate to a good cause.

Like everyone else said, it depends on what state you're in, and plus I feel like I should interject here that I am not a lawyer and statements expressed here are my opinions but if you want my opinion, I'd say you are not responsible for this because she is a minor.

Actually, I found an interesting article by searching Google, keep in mind this site is in Washington state, but I think the article made a lot of sense and the laws are probably similar in your area... hope this helps

http://www.sylaw.org/docs/Contracting.htm

You know, I kept thinking about your situation after I posted and it's a really sticky situation! That document I dug up does say there are circumstances where that contract might be legally binding, and others that it might not.

Also, if they have her birthdate wrong and she claims to have given them the right info the first time, that is probably the hinge upon which the validity of the contract hangs. I would advise you to talk with a lawyer, and not one of those 800-number lawyers, either! That makes the next question: is it going to cost more to pay the bill or to retain a lawyer and fight the charges?

So unless someone here is a lawyer in your state, I wouldn't take too much of their advice to heart, not even mine! Except when we said "ask a lawyer"

First of all, I think just paying the bill would be cheaper than dealing with a lawyer.

BUT according to our Sprint Rep, a minor can NOT be legally bound by a contract, therefore can not be held liable in a situation like this. (He says it's federal law and Sprint enforces it throughout the company, not on a state-by-state basis) The account should be reported to Sprint CC to make them aware of the situation, since the contract is not valid.

The responsibility falls on the dealer that allowed her to activate the phone, if Sprint chooses to take action. As a side note, I have had this exact thing happen in my store. The employee was immediately terminated and Sprint required a WRITTEN explanation from our management.

Don't hold me to this, but my Sprint Rep is usually a reliable source of information.

Actually, when she signed the contract she had to provide a state issued ID to proceed with anything. If she did not provide one. I think it is the individual that just handed over the phone and contract for her to sign is at fault. Find out if she provided the ID. And get a lawyer.

Taslo

Originally Posted by taslo

Actually, when she signed the contract she had to provide a state issued ID to proceed with anything. If she did not provide one. I think it is the individual that just handed over the phone and contract for her to sign is at fault. Find out if she provided the ID. And get a lawyer.
Taslo

Unless of course the ID was fake or altered. If a fake ID can fool a cop, it's also going to fool someone working on commission.

A little makeup, the right family genes and a couple of pounds plus or minus and a lot of females can be older or younger in person and in pictures. Cap that off with ID that says the same thing and poof, you get what you want when you want it.

And yes it may take going in front of a judge to get it untangled.

[QUOTE]Unless of course the ID was fake or altered. If a fake ID can fool a cop, it's also going to fool someone working on commission.

A little makeup, the right family genes and a couple of pounds plus or minus and a lot of females can be older or younger in person and in pictures. Cap that off with ID that says the same thing and poof, you get what you want when you want it.

And yes it may take going in front of a judge to get it untangled.


Yep, you are right BlkBear1. I agree. But, let's hope that was not the case.

I have Verizon as my service provider and they would not even let me sign for a new phone and I'm 21 when my phone broke. I had to call my father even if I had the same last name etc.So Sprint knowingly signed up a minor which is illegal since an adult is the one that pays the bills. So with that being said Sprint needs to caugh up the $500 dollars or let it slide since they goofed. You can look old but still be 16 so if the rep bypassed the birthday then he or she is responsible for allowing the transaction to happen. If this were my store I would say I'm sorry hun but your father needs to come in and setup a plan for you. Thats just the way life goes.

And you daughter should not have to work of $500 for a charity since it's a mistake and no punishment needs to be served beacuse at her age it's hard to work for money. She can learn responsibility but again Sprint allowed a minor to get the phone if they had said no and asked for an adult then your daughter would not be in this situation. Let it slide even the best of adults make mistakes. This is not a felony just pay it off and it wont go on her credit since she is not of age to have a credit card and even if it did you can expunge(sp) it since Sprint binded a minor into a contract. This is not shoplifting so no punishment should be awarded.

My step-son had something on his credit report when he turned 18. The transaction was for something when he was 17. AT any rate, had it removed in about 5 minutes from his credit report because he was a minor when the debt occured. Not 18, Can't sign a legal contract.