Collections Agency after a minor

Y

Yuri

Guest
Jurisdiction
Utah
Hello my question is,
Can a collections agency come after my 17 year old daughter? She joined a Vasa gym without a parental/adult authorization, we have proof of this. She stopped paying the membership. She just received a bill from a collections agency demanding the payment. Also, I know minors can't contract, by law. How is this going to affect her credit?

Thanks for your help.
 
Hello my question is,
Can a collections agency come after my 17 year old daughter? She joined a Vasa gym without a parental/adult authorization, we have proof of this. She stopped paying the membership. She just received a bill from a collections agency demanding the payment. Also, I know minors can't contract, by law. How is this going to affect her credit?

Thanks for your help.

Usually minors can void a contract that the minor has procured.

There are exceptions, mostly covering necessities.

In Utah, here your law on minors and contracts:
...
...
https://le.utah.gov/xcode/Title15/C15_1800010118000101.pdf
...
...
Can a minor enter into a legally binding contract?

Yes.
Generally, however, any contract that a minor (person under the age of eighteen) enters into is "voidable." That means that the minor can get out of ("disaffirm") the contract at any time before he or she is eighteen years of age without any penalty. As long as the minor wants the contract to continue, however, the contract can remain valid and is legally binding on the adults involved in the contract.

It is easier for a minor to cancel/void a contract, many people are hesitant to do business with a minor that involves a contract and future payments, like a rental agreement, sale of a car, or gym membership.
..
..
I suggest you have your minor child author a letter "disaffirming" the "alleged" contract under her signature with your affixing your signature as her parent.

You can then mail the letter to the collection agency and the gym BOTH via certified or registered mail, return receipt requested.

If your daughter lied to the company about her age, affirming her status as an adult, voiding the contract might become more difficult.

The burden for proving any such deceit would be on the gym.

Make sure she uses language similar to my example below:
...
...
Ms. Blue Bonnet
810 Wildflower Road
Flower Mound, TX 75028

February 9, 2017

Jim Dandy's Jumpin' Jim
Attn: Mr. Cheat A. Kidd
660 Scammer Street
Scamville, TX 75200

Dear Mr. Kidd,

Please take notice that I, Blue Bonnet, of 810 Wildflower Road, Flower Mound, TX, hereby disaffirm the contract entered into between you and me on September 8, 2017, at your place of business (Jim Dandy's Jumpin' Jim) on Scammer Street, Scamville, Texas for the purchase of a monthly "Jim's Jumpin' Jim" membership.

On the date of the contract, I was 17 years of age and a minor under the laws of the state of Texas. Demand is hereby made of you to return all money paid to you by me under the contract, which was $200.00. If the refund requested has not been received within 10 calendar days (to my address above), my mother, Calico Bonnet, will initiate a small claims lawsuit against your firm seeking the money owed me.

I have returned the "Jim's Jumpin' Jim" membership card issued to me by enclosing same within this letter.


Cordially yours,

/s/Blue Bonnet/s/

Blue Bonnet

cc:
Scam 'Em Collections
Attn: Mr. Sam A. Scammerman
660 Scammer Street
Scamville, IL 31480
 
Any parent or legal guardian of a minor above the age of 13, can check directly (for FREE) at www.annualcreditreport.com OR Stop ID thieves from stealing your kid's credit to see if a credit report or negative activity exists.

For a child under the age of 13, a parent or legal guardian can go directly to Equifax, TransUnion, or Experian's websites to find out what information is needed to view your child's credit record.

Failure to do that regularly can subject your child to identity theft long before she becomes a productive adult.
 
Back
Top