Can I be sued for a car loan that I signed when I was 17?

UPDATED: Mar 3, 2011

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Can I be sued for a car loan that I signed when I was 17?

When I was 17 I went to my local bank and signed a contract for a car loan. At the time, I had the funds to pay for the car. Almost a year later, I had to take out an additional $1,200 to make repairs on the car, so my contract was renewed. I lost my job and can’t pay the loan but tried to work out interest only payments, but the bank refused. They are now suing me for the balance of the loan. Is there any way to get this thrown out since I was a minor when I signed the original contract?

Asked on March 3, 2011 under Bankruptcy Law, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Although it is true that generally speaking minors can not enter in to binding contracts, there is something in the law that allows the minor to "reaffirm" the contract when they are of the age of majority - 18 - and then the contract and the terms are absolutely binding on all parties.  I believe that when you say you "renewed" your contract it was in effect a reaffirmation of the original contract and that you are liable for the terms and conditions upon which it was granted.  I would take it all to an attorney to review on your behalf.  Are you in school?  Possibly an attorney on campus or legal aid. You need to have someone give you some advice as to which way to proceed.  You are too young to have this ruin your credit so early.  Good luck to you. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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