Under 18 legally binded by Nextel contract?

[alphadigitalx]

Massachusetts.

I signed a contract with Nextel when I was 17, cancelled it in a month, didn't pay the bill. I'm 20 now and they have sent my bill to a collections agency for collection. I was a minor when I signed the contract but no longer a minor now that they are trying to collect their debt. I understand that I was not legally able to enter into contract being a minor, but will I have to pay the amount now that I am of legal age? Thanks

[racer72]

And guess what will happen next when you tell them you were 17 when signed the contract? Find a dictionary and look up the word fraud. That will be used against you to collect the debt.

[alphadigitalx]

My name and social was on the contract along with my drivers license information, license number, birthdate, etc. I am reading up on my legal right because the bill is 4 figures.

I have been reading legal advice online and have found out that a minor under 18 CANNOT enter into legal contractual obligation w/out consent of parent or guardian. I did not have parent/guardian consent, and I was not 18...

... so what do you guys think?

Originally Posted by alphadigitalx

...I have been reading legal advice online and have found out that a minor under 18 CANNOT enter into legal contractual obligation w/out consent of parent or guardian. I did not have parent/guardian consent, and I was not 18...

Did you use the radio?

[Rhubarb297]

Originally Posted by alphadigitalx

Massachusetts.

I signed a contract with Nextel when I was 17, cancelled it in a month, didn't pay the bill. I'm 20 now and they have sent my bill to a collections agency for collection. I was a minor when I signed the contract but no longer a minor now that they are trying to collect their debt. I understand that I was not legally able to enter into contract being a minor, but will I have to pay the amount now that I am of legal age? Thanks

Unlike the poster above, I'll assume the facts true as you've given. Yes, it's quite possible that as you were 17 you weren't legally able to enter into a contract and therefore the phone company (or the collection agency) may run into problems collecting on the debt. I don't know for sure because I don't know the laws of Massachusetts. Also, some state court decisions have allowed enforcement of minor contracts when the services contracted for are necessities. I doubt cell phone service would fall into this category.

My guess is the phone company screwed up and didn't verify your age. Once they determined you were 17, they should have had your parents sign on the contract as well.

As I said, I don't know Massachusetts statutory or case law so I don't know if the contract (I assume they're trying to collect for the monthly minimums under a year long contract) is enforceable. My guess is that a letter from an attorney pointing out you were 17 and legally unable to enter into a contract, would cause Nextel (or the collection agency) to back completely off. You have to understand that collection agencies buy these debts very cheaply and legitimate legal hassle collecting on the debt will cause them to stop their efforts.

By the way, the fact you're 20 now is irrelevant - the question is the age when you signed the contract and whether you were then legally able to sign a contract for cellular services. However, if you continued using the phone after 18, which you indicated you didn't, you could be liable for bills under some type of implied contract or unjust enrichment theory.

[JETX]

No surprise that 'RubySlippers' is not correct... as usual.

The right of a minor to rescind a contract is conditional:
1) If the contracted product or service was a 'necessity', then it could be valid? In this case, no.
2) If the contracted party re-affirmed the contract (use or activity AFTER age of majority), the contract could be valid.

However, in order to rescind the contract.... you have to RETURN the product (telephone) and 'disaffirm the contract' within a reasonable time.

From your own post, the delay for two years would NOT be found reasonable.... and it is too late to rescind... so you owe the debt.

[Rhubarb297]

Originally Posted by JETX

Racer is not correct.

The right of a minor to rescind a contract is conditional:
1) If the contracted product or service was a 'necessity', then it could be valid? In this case, no.
2) If the contracted party re-affirmed the contract (use or activity AFTER age of majority), the contract could be valid.

However, in order to rescind the contract.... you have to RETURN the product (telephone) and 'disaffirm the contract' within a reasonable time.

From your own post, the delay for two years would NOT be found reasonable.... and it is too late to rescind... so you owe the debt.

Actually what you said is exactly what I said. I just explained it in more detail...and better.

Correct answer except for that last part. He doesn't have to "rescind" or "disaffirm" the contract - the contract doesn't exist as he wasn't legally able to enter into a contract. He does however need to return the phone if he got one. And you're exactly right if he used the phone service after the age of majority.

By the way JETX exactly where did you go to law school? Why don't you defer to people who are REAL lawyers?

The Black's definition is that a necessary is whatever is reasonably needed for susbstience, health, comfort, and education, considering the person's age, station in life, and medical condition.

If the radio provider could prove any of that, they may have a case.

[alphadigitalx]

Well the phone was in service for a month or 2. Nextel would not take the phone back as a return, but I called Nextel to notify them to terminate the contract agreement, in which they charged a termination fee.

So, you are saying that I need to have returned the phone within their ... for example, 2 week trial period, in order to rescind the contract?

Originally Posted by alphadigitalx

Well the phone was in service for a month or 2. Nextel would not take the phone back as a return, but I called Nextel to notify them to terminate the contract agreement, in which they charged a termination fee.

So, you are saying that I need to have returned the phone within their ... for example, 2 week trial period, in order to rescind the contract?

Were you 17 years old when you got rid of it?

[You Are Guilty]

Originally Posted by alphadigitalx

Well the phone was in service for a month or 2. Nextel would not take the phone back as a return, but I called Nextel to notify them to terminate the contract agreement, in which they charged a termination fee.

So, you are saying that I need to have returned the phone within their ... for example, 2 week trial period, in order to rescind the contract?

No, but probably before you turned 18 would have been a good start. "Reasonableness" is not an objective standard, but 2 years is really pushing it.

[Rhubarb297]

Originally Posted by alphadigitalx

Well the phone was in service for a month or 2. Nextel would not take the phone back as a return, but I called Nextel to notify them to terminate the contract agreement, in which they charged a termination fee.

So, you are saying that I need to have returned the phone within their ... for example, 2 week trial period, in order to rescind the contract?

You probably don't have to "rescind" the contract. You don't have to rescind a contract that you don't legally have the capacity to enter into. But you have property that is not yours - the phone. And you've had that for three years? That could be a problem.

[Rhubarb297]

Originally Posted by JETX

No surprise that 'RubySlippers' is not correct... as usual.

Please point to the part of my post that is incorrect. Wow, the silence is deafening.

I pointed out the part where you gave bad information.

[alphadigitalx]

Originally Posted by Rhubarb297

Correct answer except for that last part. He doesn't have to "rescind" or "disaffirm" the contract - the contract doesn't exist as he wasn't legally able to enter into a contract. He does however need to return the phone if he got one. And you're exactly right if he used the phone service after the age of majority.

Well, here's the facts because it seems like I'm not too clear in my posting:

1. The phone was only in service for 1-2 months.

2. The phone was purchased at full purchase price from the Nextel store, but they would not accept returns after 3 days of purchase, so I was forced into keeping the phone.

3. I called Nextel to terminate service agreement, but the phone was not returnable, so I kept the unactivated phone.

4. Everything happened while I was 17.

It was not until this morning when they contacted me about the collection. I am 20 now. Which is about 3 years AFTER everything happened. I had not heard from them since I was 17.

Also, I do not owe them any money on the physical phone itself, because I paid for it upfront. It is just the service charge that they are trying to collect. Does this change anything?

I appreciate all the responses/help I'm geeting. Thanks to all!

[Rhubarb297]

Originally Posted by alphadigitalx

Well, here's the facts because it seems like I'm not too clear in my posting:

1. The phone was only in service for 1-2 months.

2. The phone was purchased at full purchase price from the Nextel store, but they would not accept returns after 3 days of purchase, so I was forced into keeping the phone.

3. I called Nextel to terminate service agreement, but the phone was not returnable, so I kept the unactivated phone.

4. Everything happened while I was 17.

It was not until this morning when they contacted me about the collection. I am 20 now. Which is about 3 years AFTER everything happened. I had not heard from them since I was 17.

Oh, so you paid full price for the phone, it wasn't part of a package deal with the service? If that's the case, then keeping the phone isn't a problem at all.

Here's what you should do. Contact a debtor-creditor attorney. Go in have a consultation and have him draft a one page letter explaining the situation that you weren't 17 and the contract for services is uneforceable. It will cost you maybe $300 but almost certainly the problem will go away. Don't deal with the matter yourself - you could but the hassle and time you will have to take won't be worth it. Pay the $300 and consider it an investment in peace of mind (and to protect your credit) and a lesson learned.

And don't listen to JETX. His legal training comes from watching Matlock re-runs.