Is this possible?

[dsrico]

What is the name of your state? Iowa - In 2000 my 16 year old son wanted to purchase a car - we wrote 2 checks totalling $ 600 - Did not get car nor get back $600 - Took seller to small claims court, We got judgement - Seller has now filed bankruptcy and is claiming this as a debt - This $600 was not a loan or a gift it was payment for something not recieved - In actuallity I look at it as theft - Can he do this?

 

[djohnson]

First I'm not sure about Iowa but I don't think a 16 year old would be able to sign a contract to actually purchase a car. Who's name was the car actually going to be in? Next, what kind of contract was signed to purchase the car and who signed it? If you have nothing but word of mouth then there is no proof of what the 600.00 was actually for. He could say it was a loan.

 

[dsrico]

There was no contract...But I did note in the memo area of both checks it was downpayment for car and have a receipt that seller wrote stating it was a downpayment...I had a similar situation with another son, he purchased a car, when he got it home all the oil spilled out and something happened to engine...Took seller to small claims, the judge order seller to refund the money...I guess the seller needs to beware not to sell to minor since they can't be legally binded to contract of sale...