Am I liable for debt as a minor?
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Am I liable for debt as a minor?
I got a gym membership when I was only 16 years old. I never used the membership and now they are coming after me to collect the debt. They don’t even have a valid photo ID or social security card on file. All they took from me was my debit card and a copy of a $20 bill. Am I liable to pay the debt? Was incurred there a binding contract? Plus, they don’t have valid verification of the person setting up the contract.
Asked on September 2, 2010 under Bankruptcy Law, Utah
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
How old are you now? In Utah, a contract with a minor can be held to be valid for some things ("necessaries") but for other things, unless you "disaffirm" the contract after a "reasonable time" after you reach the age of majority (which is 18 in Utah) and restoration of consideration (money). So, if you have no intention of using the membership and you are within a "reasonable time" of majority (and really that is judged on a case by case basis but I would just assume for your purpose at this time that you are) then write to them and tell them that you were a minor at the time that you entered in to the membership and that you are disaffirming the membership at this time. If they persist in the matter you may need to seek legal help. Good luck.
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