Can someone under the age of 18 be sued?

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Can someone under the age of 18 be sued?

I bought a car from a private owner. The car broke down and I want to give the car back. I have not paid him yet because he has been in jail. I was wondering if he will win or loose I take him to court?

Asked on August 8, 2011 Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Inall states in this country minors (people under the age of 18 years) can be sued in a civil action. The only exception allowing suing a minor in a civil action is when a minor is below 5 years of age or so in most states. The thinking is that a child under 5 years or so lacks the thought process to be responsible for his or her actions.

If the person who you bought the car from is under 18 years of age, and presumably at lease 16 years old, you can bring a civil action against him or her if you have a valid cause of action and damages. In your case, perhaps the seller concealed known problems with the car from you before you bought it and did not disclose these problems.

Whether you win or lose you case is up to the evidence you present to the trier of fact, how convincing you are since the plaintiff bears the burden of proof on his or her claims and what the defendant's defenses are.

Good luck.


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