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Old 06-20-2003, 01:16 AM
fairbaba
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Minors in Binding Contracts


Generally, can a Bank enforce contracts with a minor (under 18 years) for financial circumstances?

I.e. If I deposit a cheque and the bank makes me sign a statement saying:
--
I/We understand that proceeds of cheques etc., will not be available until cleared. The bank is authorised to debit my/our account of the cheque detailed (overleaf), for any costs, charges or expenses incurred. The debit will be advised by the Bank.
--
Now if the bank didnt wait for the cheque to clear and automatically put the money straight into my account, does that make the above statement void?

Also I asked the Bank how long the cheque would take to cash (I asked the maximum amount of time), I explained that I could not afford to have the cheque bounce on me if I had already spent the money. So I asked the maximum amount of time it would take for the cheque to clear. The bank informed me that it takes genereally around a week, but can however take UP TO a month.

I waited a month for the check to clear, I then rang the bank to confirm that the cheque had cleared. They confirmed the clearance.

I then spent the funds. Two months later, the bank debits my account for the amount plus their charges and said that the cheque had bounced because the account that it was drawing from had been closed. They are now asking for me to repay the funds, as my account is now in negative balance.

Quesitons:
1. Is the contract I signed enforceable seeing that I am a minor, and banking is not a neccesity?
2. If the bank supplied false information on 2 instances, doesn't that make them liable, because they told me I had money which I "didnt have".
3. Am I responsible for repaying the money? I understand that I would have to pay the banks "charges or expenses occured", but what about the amount of the cheque?

I am from Australia, so I understand that these laws will be different, but if you could give me a brief outlining of the way the American Law works in this instance, I would be much appreciative.

Kind Regards.
  #2  
Old 06-20-2003, 08:32 AM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
I knew you weren't from the US .. lol.. no one writes the word 'check' as 'cheque' here

Anyway, the way the law works in the US is that a minor cannot enter into a binding contract.. so it would be basically void.

Up to a month to clear a check ?? wow.. in the US, for a local check, it only takes from 1-2 days !! If its out of state, it MAY take 3-5 days, but I don't think I've EVER seen it take a month to clear a deposited check. Aussie banking must be really screwed up.
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  #3  
Old 06-20-2003, 10:02 AM
fairbaba
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heh.. yer I know.. we have dodgy British spelling

Yea well normally it only takes 1 to 2 days for local checks here. I cashed another American cheque about a week after the one that other one (which also bounced mind you), and that only took 2 days to bounce all the way from the USA!

P.S. don't use [url]www.qchex.com,[/url] this is the people who I have been dealing with. It seems like a nice service, however, if it takes 2 months for the cheques to bounce, you think your in the right and that you have the funds, but no luck!

It is good to hear that I cannot enter into a legally binding contract. I have a meeting with the bank manager on Monday, so I just wanted to know where I stand. If you have any other advice, I would be much appreciative.

Kind Regards.
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