If a credit card was obtained by a minor by lying over the phone about
his age, was closed before the minor turned 18, can the minor claim
all previous charges fraudulent and incur no penalty?

If the credit card providers submit negative reports to a credit
agency is this a legitimate appeal?

2 Cards were acquired when the minor was 16 and were closed
approximately 4 months before turning 18 after the credit cards were
maxed out (primarily with charges to an online poker provider
masquerading as a phone-card retailer). This person does not have the
means to pay for the monthly payment of the $5000 debt and feels they
were fraudulently acquired.

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Request for Question Clarification by markj-ga on 13 May 2005 03:11 PDT

nick4753 --

It might help researchers to know in what state or province the minor
resided at the time.


markj-ga

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Clarification of Question by nick4753-ga on 13 May 2005 12:42 PDT

State of Wisconsin

Cancellation happened only AFTER the Parents found out about the
Card's debt. Parents tried to close account themselves but the credit
card agency required the minor to close the account verbally.

Do they still have debtors prisons?  This person deserves to be in
one.  And are you telling me this person seriously thinks they should
not have to pay back because he/she committed fraud?

By law, you generally cannot hold a minor responsible for a debt
incurred for a non necessity.  However, fraudulently representing
yourself as an adult and being old enough to understand what you are
doing may be an exception that makes this debt enforceable.  I would
suggest this person find a way to start paying or this debt will haunt
him for many years if he tries to get a job, get an apartment, buy a
car, get insurance, etc.

at the very least wouldnt the parent(s) of the "minor" be responsible for the debt?

Also, it would seem that the cancelation of the cards 4 months prior
to the 18th birthday would be a indication of premeditation...

just a couple thoughts.

The person may also want to consider that he/she has a serious
gambling problem and take action before the snowball rolls any
farther.

- Hammer