What should I do i’m a teen being taken to court for an unknown credit card debt?
October 18th, 2009
G.G. get like me! asked:
I’m 15 years old.I have a credit card debt that I don’t know anything about.I received a letter in the mail to come to my city court.I’m not paying this debt it’s not mine.I talked to my mom about it she didn’t have much to say because she doesn’t deal with credit cards or know anything about them.She’s afraid they’re going to try garnish money from her paycheck for a bill that’s not mine.This is True!I am not joking.
I’m 15 years old.I have a credit card debt that I don’t know anything about.I received a letter in the mail to come to my city court.I’m not paying this debt it’s not mine.I talked to my mom about it she didn’t have much to say because she doesn’t deal with credit cards or know anything about them.She’s afraid they’re going to try garnish money from her paycheck for a bill that’s not mine.This is True!I am not joking.
If you have actually received a summons, you must respond to the summons and show up in court. The fact that the debt is not yours and you are only 15 should pretty much take care of problem.
I suggest you check your credit report (AnnualCreditReport.com) and is what is showing up. It could be that someone has used your social security number to open credit cards. If you have things on your report, you will need to file a police report on the ID theft. Then contact the credit bureaus and all the creditors to dispute the accounts and get them taken off your credit.
You must have been a victim of identity theft. Your age was falsified, however, you the account holder are left to pay the bills. Immediately get in contact with the bureaus and freeze your credit file.
If you can, go to court. Take your mother with you.
At age 15, you aren’t old enough to sign a legal contract, so no credit should EVER have been extended in your name. The judge should be able to do something about it.
Since you state you know nothing about the bill in question, it appears it’s identity theft. As far as your mom, unless she’s the person who used the credit, she should have nothing to worry about.
Show up to court on the day. Explain that you are 15 years old. You cannot have entered into a contract legally, so you’re not liable for anything.
Find a pastor, priest, social worker, Scout Leader or someone who will listen. They can help you figure out who in your town to talk to. Ask at school and see if they can steer you to a social worker. I recently found out just how varied is the training and work of social workers. Not all about abandoned kids and people on welfare. They helped me find folks to help when my husband was very ill. They talked to me about a variety of things. They know how to find information and helpful people of all kinds.
Wow, all these different answers! Here’s what you’ll need to do – get your mother, your birth certificate, and your Social Security card, and bring them to court with you. It is a legal summons, so you are required to be there. When you present your documents proving that you are not 18 yet, and was not 18 when the account was opened, then even if you HAD opened it yourself, you would not be held liable – because legally, credit card companies cannot open an account for a minor.
The only way they could touch your mother’s paycheck is if they could prove that she was the one that opened the credit card and used it. That would take them researching reciepts, records, etc, trying to figure out if they could pin it on your mom in any way – and if she didn’t do it, they can’t determine that.
Unfortunately for the vendors that were used and the credit card company, they will likely never find out who did this, so they’ll be out the money. Legally, they will consider this the credit card company’s fault, because they didn’t fully verify your identity – including your age – when opening the card. The vendors could also be held liable.
Just take a deep breath, relax, and make sure you don’t miss your court date. You’ll be just fine. Even if you were an adult, all they would do is set up a court-mandated payment schedule, and slap some fees on you. At the age of 15, I don’t think they can even charge you any fees!
On a side note, you could always call the DA’s office (or the judge, etc, depending on what state you live), and ask them what you should do. They might just drop it with the phone call, they might ask you to bring those documents over when you have a moment to do so, etc, and then cancel the court date completely.
Either you or your mother must go to the court and tell the judge that (1) it is not your debt and (2) you are only 15.
Not be afraid try to take things in a cool manner. Try to think did you ever had any credit card or has applied anywhere for it ever. What about any online transaction or your bank transaction. Gather some information from the credit bureau. Consult with a lawyer who is specialised about this.
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Simply put, jut follow the court’s order. And then think and listen to what they say. They won’t bite you if you don’t resist. Take your mom with you on the court day and they will give you the chance of proving everything that is showing up on the sommon.