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If you sell something to a minor who fails to pay, in many cases you can hold the parents liable. Minors are legally incapable and, in principle, act with the consent of their parents, who can then be held liable for the debt — unless it can be demonstrably proven that they did not give such consent.
Minors are legally incapable
Anyone under the age of eighteen is a minor and, in principle, legally incapable: they cannot validly enter into agreements without the consent of their legal representative. For many everyday purchases, such consent is presumed to be present, because it is customary for children of that age to buy such things.
Addressing the parents
If a minor has purchased with (presumed) permission and fails to pay, in many cases you can hold the parents liable for the debt. After all, they endorse the purchase. You can then send a formal notice to the parents and, if necessary, collect the debt.
When is it not possible?
The situation is different if the parents have specifically indicated that they did not consent to the purchase, or if it concerns a purchase that is unusual for a child of that age. In that case, the agreement may be voidable, and you cannot simply hold the parents liable. Therefore, assess the nature of the purchase and the circumstances.
This is how you prevent problems
Be cautious regarding major purchases by young people: if in doubt, ask for parental permission or have a parent confirm the purchase. Keep records of the communication. This will prevent you from being stuck with an unpaid, potentially voidable purchase.
Frequently Asked Questions
Can I hold the parents accountable if a minor does not pay?
In many cases, yes, if the purchase was made with (presumed) permission. They then stand behind the purchase.
When is that not possible?
If the parents demonstrably did not give permission or the purchase is unusual for that age, the purchase may be voidable.
How do I prevent non-payment by young people?
For larger purchases, ask for permission or confirmation from a parent and keep the communication.
Collect an unpaid debt?
Our legal experts draft a demand letter and handle collection. View our contract lawteam or schedule a free consultation.
