What should I do about a credit card I got when I wasa minorif I am now being sued for payment?

I was served papers at my dad’s house for a credit card that I got when I was younger. The paper said the card was issued in 04/05; I wasn’t quite 17 yet. They are suing me for the debt and the court cost, plus lawyer’s fee. What should I do?

Asked on March 12, 2011 under Bankruptcy Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In GA you are a minor until you reach the "age of majority"; that is on your 18th birthday.  And minors cannot enter into legally binding contracts.  Therefore, any contract that you may have agreed to is void.   However when a minor stays in a contract until after they turn 18, they can no longer get out of the contract.  Additionally, minors cannot void certain contracts: student loans, some business venture contracts, or contracts to get "necessaries" (e.g. housing contracts). Bottom line, unless one of the above exceptions applies to you, if you are being sued under a contract you can use the fact of your being underage at the time that it was entered into as a defense.


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