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bad checks written underage

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Aim.M_20

Guest
my husband wrote bad checks when he was 17. now he is being sued for 2,000 dollars when the checks didnt even amount to 300 dollars. he has been told that since he was 17 at the time, he shouldnt have been able to get a checking account and is not bound by legal contract. We live in Kansas is that true?
 


I AM ALWAYS LIABLE

Senior Member
Aim.M_20 said:
my husband wrote bad checks when he was 17. now he is being sued for 2,000 dollars when the checks didnt even amount to 300 dollars. he has been told that since he was 17 at the time, he shouldnt have been able to get a checking account and is not bound by legal contract. We live in Kansas is that true?

My response:

Whether or not the bank allowed a minor to have a checking account is one issue. The fact remains, he had an account, and no, the bank is not responsible for a minor's bad deeds.

The more important, and second, issue is whether your husband is "on the hook" to the people who received his rubber checks.

The first issue is of no "moment" or consequence in terms of the second issue. Once a minor enters into a contract, and fails to "rescind" that contract while they are a minor, the contract becomes "ratified" by the minor when that minor becomes an adult, i.e., a minor who turns 18.

Also, even when a minor, if the minor knows, or should and could have known, that there was no money in the account to fund those checks, the minor is still "on the hook". This is because when a minor endeavors to do "adult acts", then that minor is held to the same requirements as an adult, and is, therefore, responsible.

IAAL
 

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