Can my minor son be liable for my debt?

[DebbieInc]

What is the name of your state (only U.S. law)? TX

I opened a credit card in August 2000 with Bank of America. My son, at that time , was 16. They asked if I wanted to add an authorized user to my account and I added my son. They sent him a card with his name on it, under my account. Well, to make a long story short I defaulted on the card in 2004 and it resulted in a charge off from MBNA.

This now shows up on my son's credit report and I was wondering if that's normal practice since he had no hand in obtaining the card initially?

[IrishNodak]

Originally Posted by DebbieInc

What is the name of your state (only U.S. law)? TX
This now shows up on my son's credit report and I was wondering if that's normal practice since he had no hand in obtaining the card initially?

Yes, very normal. Many companies report on the authorized user's credit report. I started out being an authorized user on my husbands credit cards and it's how I built up my credit to have cards of my own. He is also and authorized user on one of my cards and that gets reported on his credit report.

[prestonlewis99]

You may not ever get the credit entry off for your son, but he can't be legally held liable for any debt since he is a minor. If he committed fraud to get the card by lying about his age, then yes. But if the situation is as you described, he isn't liable or responsible for the charges: you are. You could probably dispute the minor's credit report entry but the debtors would just put it back on. You're best bet, if you are serious, would be to file a lawsuit under the Fair Credit Reporting Act," which would require the credit reporting agencies to clear your son's records if you succeeded. Go to [url=http://www.ftc.gov]Federal Trade Commission[/url] and file a consumer complaint (right side) as a start then research how complaints regarding the FCRA are conducted.

[cosine]

Originally Posted by prestonlewis99

You may not ever get the credit entry off for your son, but he can't be legally held liable for any debt since he is a minor. If he committed fraud to get the card by lying about his age, then yes. But if the situation is as you described, he isn't liable or responsible for the charges: you are. You could probably dispute the minor's credit report entry but the debtors would just put it back on. You're best bet, if you are serious, would be to file a lawsuit under the Fair Credit Reporting Act," which would require the credit reporting agencies to clear your son's records if you succeeded. Go to [url=http://www.ftc.gov]Federal Trade Commission[/url] and file a consumer complaint (right side) as a start then research how complaints regarding the FCRA are conducted.

So you are saying that anyone can put anyone else's name (presumably with SSN), run up a big debt, default by not paying it, and ruin that other person's credit?

Who are you suggesting to sue? The CRA that is just putting on info given to them? Or the CC company that is reporting an invalid (based on them having no basis to collect from this person) entry?

Did the son ever use the card? Did the son ever get a bill? Did the son ever pay the CC company for debts on the card?