DU Legal Help: Can a Minor be held Financially Responsible......

[Corey_Baker08]

When a minor signs up for a checking account in the state of Indiana and the minor bounces a check can he/she be held financially responsible for the overdraft.

When a parent does not sign onto a joint account with a minor under the age of 18 does this make the minor financially responsible and able to face legal action?

[lonestarnot]

1. Not legal advise, as I'm not a lawyer, but parent is responsible me tinks.

[Corey_Baker08]

4. even if the parent had no written or verbal acknowledgment of the account?

Cause that along the lines of what i also was thinkin

[wookie294]

5. The parent would not be held responsible

It's the job of the bank, not the parent, to ensure its customers are legit. If a minor walks into the bank, acquires an account, then bounces a check, the bank eats ALL the costs. The parents and the kid are not held liable for anything.

[spindrifter]

2. Please check with

someone who practices juvenile law in Indiana. If you can't find someone with that specialty, ask your local bar association for a referral to a legal clinic.

[wookie294]

3. Nope

I'm not a lawyer, but I graduated law school. I remember these kinds of cases. Minors are let off the hook. Can't sue the parents, either.

[napi21]

6. I agree with you Wookie294. I only took classes in business law

but I remember that part. Part of minors not being able to sign binding contracts, isn't it?

[wookie294]

10. Yeah, minors can't execute binding contracts

I don't remember the case law. Sorry! But it's true, as one person said on this thread, that state laws can vary on this subject. Indiana may have a law forcing minors' parents to pay the cost, but I doubt it. There's been a growing movement in recent years to make parents liable for their kids' criminal behavior, but I don't think the movement is catching a big wave.

[lonestarnot]

8. hmmmm interesting.... do you remember the case law?

[karlrschneider]

7. It varies from state to state. Normally, a person under 18 cannot enter

into a legal contract, with a few exceptions...which again depend on the state. But there is precedent in some places that says having a checking account is not a legal contract in the strictest interpretation. You need to check with a local attorney to resolve your question, I feel sure.

[Freedom_Aflaim]

9. Not Civily, but possibily criminally

Being a minor makes one immune to civil claims like contracts and checks, but passing bad checks is a crime and being a minor doesnt make you immune to crime.

Of course thats only if its presented for prosecution and the prosector pursues it.

Regardless, they will reflect the bad check in chex type system which will making open a checking account later difficult to impossible for a long