So.... you're going to try suing a minor for breech of contract? I'm pretty sure you can't add his parents to a claim, because the contract wasn't valid in the first place.
IANAL, either, though, so maybe someone will clear this up for me. I've never really understand why you could sue a minor for breaking your window, but not for failing to fulfill a contractual obligation -- or if this could even be considered a contract since it was an "immediate" transaction. Pretty sure minors couldn't get away with taking goods from a store and not paying, but I guess that'd be a more clear-cut case of theft.
Oh, well - interested to see what comes of this. Shitty situation for everyone - sorry you both are going through this.
IANAL, either, though, so maybe someone will clear this up for me. I've never really understand why you could sue a minor for breaking your window, but not for failing to fulfill a contractual obligation -- or if this could even be considered a contract since it was an "immediate" transaction. Pretty sure minors couldn't get away with taking goods from a store and not paying, but I guess that'd be a more clear-cut case of theft.
Oh, well - interested to see what comes of this. Shitty situation for everyone - sorry you both are going through this.
Option 1
What if an adult makes a contract with a minor because the minor claims to be over eighteen?
If a minor lies about his or her age when signing a contract, and the other person had good reasons to believe that the minor was capable of making a contract, the minor will not be allowed to cancel the contract.
Option 2
If the minor knowingly makes a false representation about his age for the purpose of acquiring goods or services then claiming the defense of infancy, the minor could be committing the crime of theft by deception. While minors may void contracts they can still be charged with a crime if their intent is criminal in nature.
Paypal accounts require you to be 18 years old.
2.1 Eligibility. To be eligible to use the PayPal Services, you must be at least 18 years old and a resident of the United States or one of the countries listed on the PayPal WorldWide page. This Agreement applies only to Users who are residents of the United States. If you are a resident of another country, you may access the agreement that applies to you from our website in your country.
TheBitman Lied about his Age by creating a Paypal account, when using that account he commited fraud by lying about his age.
If the small claims case gets throw out, I will proceed with a criminal compliant on fraud charges.
You could tell PayPal he lied about his age, which is a ToS violation, so it might be even more difficult for BitMan to recover funds from them, but that sounds counter-productive. It seems like a tragedy to press criminal charges against someone because they had PayPal funds frozen and didn't have reserve funds to cover the problem. I strongly suggest he tells his parents, now, as I believe that was previously only being considered.
I'll check with some other lenders and see if we can get this situation resolved amicably for everyone. Please do not press criminal charges against him...
The PayPal account has already been flagged by PayPal Legal Department for AML / KYC Violations. They will only be releasing the fund if he can verify who he is and he is over 18 and the funds are not proceeds
of criminal operations. There is a chance the the Account will be Seized outright since he can't prove he is 18 till June 2013.
This is not a victim less crime, I've had damages (NSF Fee's+ bank charges) due the paypal charge backs.
Paypal Collection Department is trying to collect from me.
I've had to close Bank Accounts and stop selling on Ebay because of this.
My loses due to this are way over the original amount I have lost.
