Is there an age limit for filing in small claims?

[whitebeanner]

nevada at 15 my daughter made a deal with 18yo friend to buy an atv for $500. she paid 395. of it because she could never get it started. he was told by me no work no pay. nothing on paper only verbal aggreements. had it prkd at a friends house, waiting to get looked at, when he decided to take it because she refused to finish paying until it worked. She asked for her money back since he had the atv and he refused. Can she take him to small claims to get it back? If age is an issue can i sue in her behalf, if she has rights to do so. Can he keep her money, when he was told if it didnt work we werent paying? Another problem is, it was apparently his fathers atv. he was selling it for him, and was told that was who got the money. She never talked to him only the son on his behalf. what can she do short of taking his manhood away?
She's 16 now and 6ft. Hope someone can offer some kind info. and sorry i tried to keep it short

 

[JETX]

This one is pretty simple... your daughter, under the age of 18, is able to rescind the contract, meaning that once rescinded there was no contract and all monies must be returned.

You need to read two Nevada statutes to see this. First, in order for there to be any contract, both parties must have a 'capacity to contract'.
(NRS 104.1103
"Supplementary general principles of law applicable. Unless displaced by the particular provisions of this chapter, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause shall supplement its provisions.")
Second, a person under the age of 18 doesn't have the 'capacity to contract'.
("NRS 129.010 Age of majority. All persons of the age of 18 years who are under no legal disability, and all persons who have been declared emancipated
pursuant to NRS 129.080 to 129.140, inclusive, are capable of entering into any contract, and are, to all intents and purposes, held and considered to be of lawful age.")

Send the 'friend' and the friends parents a letter (certified RRR) notifying them that any contracts made between them and your daughter are hereby rescinded and invalid. Demand a return of all monies paid, to be received within (__) days of receipt of the letter. Advise them that if they don't return the money, that the next step would be Small Claims court.

Also, it might be a good idea for your daughter to read an online brochure put out by the Nevada Bar about becoming 18:
http://ag.state.nv.us/agpubs/state_bar.htm

 

[whitebeanner]

Thanks for your help. Knowing this will definately make things alot easier, and ill be sure to have her read the brochure . thanks again

 

[JETX]

Thanks for your help. Knowing this will definately make things alot easier, and ill be sure to have her read the brochure . thanks again

One clarification. Make sure that your daughter makes the statement to rescind the contract. That is her right as a minor, but you can't do it for her.

I would suggest that you both sign it, but make it clear that it is your daughters statement to rescind the contract.

 

[whitebeanner]

Thanks again will do.