When I was 17 years old, one of my friend applied for credit cards under my name, creating a debt up to $20,000.00. Right now, 6 years later, I am still unable to clean up the messed. Am I reliable for these debts, because I was under 18? and if I am not, how can I clean it up?
#9428 - 02/25/0610:25 AMRe: Under 18 and with Credit Card Collections
SoccerMomQueen
Power Poster
Registered: 04/09/01
Posts: 2632
Loc: Glistening in the South!
If you did not "apply for" or "benefit from" these credit cards, you are not responsible for them. That said, you need to start working on cleaning up the mess. You can get a free copy of your credit reports at annualcreditreport.com and once you visit these sites, they will instruct you on how to dispute any accounts that are not yours.
You should also consider placing an alert on your file since it appears that someone has your personal information and could continue to open additional accounts.
Be prepared to file a police report on your "friend" who did this and supply any information that might help the police to prosecute. Trust me, they are not, and were not ever, your friend if they would do this to you.
_________________________
Compliance-—"It’s not about having a piece of paper, it’s about reading it." -----Ken Golliher
#9429 - 02/25/0610:39 AMRe: Under 18 and with Credit Card Collections
Anonymous
Unregistered
Your friend pretty much destroyed your financial future. That person pretty much needs to learn the lesson. I agree with SoccerMomQueen, you should file police report pull your credit. Make a list of the creditors from who you didn't seek benefits. Place a freeze on your credit file (in most states a police report is required to place such a freeze). Freeze on the credit file works different that an alert. Credit bureau will issue you with a PIN number to lock/unlock your credit file. There may be a small fee for this service. Also initiate the disputes with the creditors. Make a file, record every name of the company, the person you spoke with at that company, the date and the time etc. Make notes of your phone conversation and send dispute notice via mail, return receipt requested. This will take a while, you gotta think about your future and try to fix it now. Hope everything works out for you.
Registered: 07/13/01
Posts: 3204
Loc: Las Vegas Nevada
Creditors may construe this as two juveniles thinking how much fun it is to scam a system. You are going to have to prove that you took no part in this scam. That will be difficult to do. Is there anyway you can prove that you did not participate OR HAD NO KNOWLEDGE of what your friend was doing? The burden of proof is on you.
Being under age may negate collection of the debt from you. However, nothing prevents the creditors from reporting what happened.
Did you or your parents file charges against your friend when the creditors actively tried to collect from you several years ago? Did you sign any affidavits of forgery? Was this reported to local law enforcement? If not why not?
Did you actively work with creditors to clear this up or just say its not me and besides I'm under age?
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Thank you to everyone who responded to my situation.
During that time period, little did I know what credit means or why was it important to me and throughout my daily life. I recalled being age 17 and remembering my friend telling me about using credit cards to go shopping with, I didn’t know how credit cards work, just that it’s plastic and you go to the store and buy stuff with it. She mentioned that she just got one and I asked her how she got it and then she told me that she’s been applying for them online. It got me interested, but I had no idea how you we’re suppose to apply, so I didn’t bother until she asked me if I would be interested in getting one and that was when I jump at the request and accept it. I remembered over the couple of months they just kept coming and yes I did used them, but I had no idea that it needs to be pay back until the bank started calling and harassing me, and then that was when I realized that I owe a lot of debts. Anyway, I would have tried to pay it back, but during that time I had no job and a cruel incident happened to me. You’re probably wondering what happened to me? Well, I met a guy that I know for nearly a year and he brutally raped and choked me to death. I should have died, but luckily I survived that brutal attacked and immediately after my incident and his being put in jail I then left to live with my aunt in California. From there… I never looked back at my credit history, because I wasn’t in need of asking for loans or anything in that nature, until today, until now. And because of what I have gone through I don’t know if I can ever fix it again, that’s why I am asking you guys for help and advices, so that I know what next step I have left to take, so I am thankful for those of you that are helping me in answering my question. Again, THANKS ALL OF YOU!
I think the term is unbelievable. I mean the part that you thought you could spend the money and never pay it back. You were 17, not 7. You were old enough to spend $20,000 you were old enough to know at some point, someone would want their money back.
#9436 - 02/27/0605:53 PMRe: Under 18 and with Credit Card Collections
XODUS
Diamond Poster
Registered: 05/31/05
Posts: 2346
Loc: OKC, OK
So were your parents clueless to the fact that you were walking around with $20k worth of stuff? Did they not wander where you got the money? Notice the statements in the mail?
_________________________
All that wander are not lost---Tolkein
I'm sorry to hear that something that horrible occurred, but the most that telling that story to a creditor would do is maybe, and I stress maybe, cause them to be willing to work with you on a payment plan when they would have demanded immediate full payment before. The biggest problem is getting them to believe that story (es evidenced by some of the posts here), but a police report would help.
The issue becomes that you knowingly used and benefitted from the cards. In court, the "reasonable person" test won't remove your liability when you state that you didn't realize that you had to pay it back. Also, the age issue won't help. You had only a short period of time (I think months) after turning 18 to rescind any purchases made while a minor and that time has now passed.
My advice is to get copies of the police report, write letters explaining the situation that may have caused you to delay in dealing with repaying these accounts. Stress in the letter that you are willing to work with these collection agencies in order to make good on your accounts. Give an address and daytime contact number where representatives can reach you.
You could also go to a credit counselor with this same info and supporting paperwork and see if they can help you.
Bottom line: You used the cards, you owe the money, you'll need to pay these off in order to begin repairing your credit. Treat this as a painful life lesson.
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The above is my opinion, and is frequently valued at USD 2¢ or less.
"When I was 17 years old, one of my friend applied for credit cards under my name, creating a debt up to $20,000.00. Right now, 6 years later, I am still unable to clean up the messed. Am I reliable for these debts, because I was under 18? and if I am not, how can I clean it up?"
Your story is evolving, rather quickly. So you did use the card.
It depends on the UCC code adopted by the state in question. Most versions are worded to prevent minors from using these protection laws to harm merchants and other service providers.
In general, many contracts with minors are voidable by the minor. However, most courts hold that contracts for certain necessities of life (i.e. food, medical/dental, shelter, clothing [under certain conditions], etc) and certain other contracts (i.e. marriage) are not.
Even for those contracts which a minor is able to rescind, most states only allow a person a certain period of time (IIRC it's usually 3-6 months) after reaching their age of majority to rescind those contracts made while they were minors. Anything not rescinded by the ex-minor by the end of this period of time is considered to be ratified by that person as an adult and is therefore enforcable.
Again, since variations of the UCC exist from state to state, this is only a general summary and may vary depending on which states are involved, which states' law takes precendence, etc.
_________________________
The above is my opinion, and is frequently valued at USD 2¢ or less.
And as mentioned earlier whether the minor benifited from the contract would come into play, as well as their actual age. 17 would have a lot harder time convincing a judge they were that immature where as a 10 year old could MAYBE convince them they didn't know any better.
I like to say thank you to those of you that replied to my question. First of all I want to start by saying “I never said I wasn’t going to pay it back” and yes I took full responsible for my action and I am trying to fix it (wondering why I am here asking a question if I am not). Anyway, to answer some of you guys questions: Yes, I was 17, immature and irresponsible, but I never at any of those given point of times indicated that I didn’t want to pay those creditors back.
This isn’t a sick joke that I am trying to make up and probably for those of you who never been in my situation or have family members who was brutally raped and choked, would never understand how I was feeling during that period of times.
During that time period I had choices that I need to make and there was just something more important than my financial situation that came first, I had to help myself be myself again. It isn’t easy to be who you we’re before that incident happened and this isn’t a excuse to get out of debt, but what would you of done if you we’re me?
So, my parent was worried that I’ll go insane and end up suicide, so they send me to live with my aunt. If you we’re a parent with a child in my situation which would you worried about first, your child’s debts or her health? The choices are yours, but without my parents and their help I would never be the strong person that I am today.
So all I am asking from you guys is some advices in helping to clean up my debt. I am not looking for sympathy or for people to harass me. If you simply don’t want to help, please just don’t mention anything at all.
Again, I want to thank you for taking you’re time in helping me, it is much appreciated.
Lastly, some of you guys wondered how I got credit when I was only 17. I am unsure of that myself, because I didn’t apply for those credit cards, my friend did, so I don’t know if she falsify indicated something on the application or not, but I also wondered about it.
Quote: Am I reliable for these debts, because I was under 18? and if I am not, how can I clean it up?
This is why most of us are under the impression you are trying to get out of paying the debt. If you indeed are trying to pay, contact the creditor and make payment arrangements. They are the only one that can tell you what kind of a plan will be acceptable to them. Every creditor is different in what they will allow. May I advise though that the story of what happened to you will not have ANY impact on the outcome. It is very sad, and I am sure was awful but has nothing to do with your credit card debt.
#9447 - 03/09/0602:13 PMRe: Under 18 and with Credit Card Collections
Anonymous
Unregistered
Quote: I like to say thank you to those of you that replied to my question. First of all I want to start by saying “I never said I wasn’t going to pay it back” and yes I took full responsible for my action and I am trying to fix it (wondering why I am here asking a question if I am not). Anyway, to answer some of you guys questions: Yes, I was 17, immature and irresponsible, but I never at any of those given point of times indicated that I didn’t want to pay those creditors back.
This isn’t a sick joke that I am trying to make up and probably for those of you who never been in my situation or have family members who was brutally raped and choked, would never understand how I was feeling during that period of times.
During that time period I had choices that I need to make and there was just something more important than my financial situation that came first, I had to help myself be myself again. It isn’t easy to be who you we’re before that incident happened and this isn’t a excuse to get out of debt, but what would you of done if you we’re me?
So, my parent was worried that I’ll go insane and end up suicide, so they send me to live with my aunt. If you we’re a parent with a child in my situation which would you worried about first, your child’s debts or her health? The choices are yours, but without my parents and their help I would never be the strong person that I am today.
So all I am asking from you guys is some advices in helping to clean up my debt. I am not looking for sympathy or for people to harass me. If you simply don’t want to help, please just don’t mention anything at all.
Again, I want to thank you for taking you’re time in helping me, it is much appreciated.
Lastly, some of you guys wondered how I got credit when I was only 17. I am unsure of that myself, because I didn’t apply for those credit cards, my friend did, so I don’t know if she falsify indicated something on the application or not, but I also wondered about it.
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