Credit Card as Minor...Now being Sued???

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MrsSPerez

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Good Evening Everyone! I am going crazy right now trying to get the accurate answer and help for this situation.
Here goes...


In Feb.2001, I recieved an pre-approved application for a Visa Gold card from Providian. I applied, using all true information (right d.o.b. & ssn) and soon later, I got a credit card in the mail. Of course as a Minor, I used up the $300 if even that much, and forgot about the bill. Well, during 2003, I applied to go into the Airforce (In which I soon got of out) and so they had an investigator come to my house and go over any debts I may have. I explained to him, (showing him the card in my had with the issued date) that I got this card as a minor and wanted to know if I was liable for it. He told me that I would not have to pay on this account simply because they gave the card to me AS a Minor, making the contract INVALID.
So when the creditors called me the next week, I told them what I had discovered and here were their exact words,
"If what you are saying is true, then this can be a big problem" and since that day, they sold my account to another agency.

To make a long story short, I called an Attorney who agreed with what was said by the investigator and instructed that I obtain a copy of the contract with Providian and send it to all the agencies and Credit Bureaus. I called Providian, in which I was given Midland Management Credit Agency, in which I was given the Wicker Associates phone number in which this guy began to basically harrass me, telling me how they're planning on suing me. He said that I was refusing to pay off this account. So he says, "Well who opened the account" and I said me. He then says that I committed Fraud, in which I then corrected him. He said that I knew I was underage and I told him, if that's the case, why didn't Providian overview my application before giving me the credit card...its their fault. So now he's saying that he's going to make notes in my account that I refuse to pay and for them to proceed in suing me.


I'm :confused: :confused: :confused: ..........HELPPPPPPPPPPPPPPPPPP!!!!!!!!!


~Signed, Angry, Irrate-Customer Service Rep~
 
Now, first of all, how old are you now?

Things are depending on your state's law, but generally minors can "disaffirm" a contract, that is void the contract by expressing this disaffirmation to the other party.

However, you cannot wait forever doing this. It has to be done within a "reasonable" time after you became an adult (which varies by state, usually it is 18).

It also depends on the state law and the law in your jurisdiction and the circumstances, if the credit card company can recover in restitution, but there are many limits on this. In other words: even if the contract is being disaffirmed, the other party can sometimes recover the value they have given to the infant, but only within strict limits.

Therefore, you already took the right steps by consulting an attorney. Now you should let the attorney handle your case.
 
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