Any tricks or little known loopholes?
IANAL, but I would think that, since minors can’t legally enter into binding contracts, a sixteen-year-old isn’t able to get a checking account without having an adult co-sign.
i heard that one of the banks around here (BB &T i think) allows people under 18 to have checking accounts.
Some minors can enter into legally binding contacts. Here are some examples:
- Child support issues.
- Student loans
- Joining the military
There are more but I can’t remember.
As far as the OP, the kid coulda lied about their age. Maybe they’re emancipated. The bank may have screwed up and didn’t bother to check the kid’s age. Maybe your state allows 16 year olds to have checking accounts.
As JR mentioned, minors can’t legally enter contracts. Judge Judy often says the same but thats only when one of the folks decide they don’t want the contract.
Well, that’s the only time it matters.
As JR mentioned, minors can’t legally enter contracts
You posted this after I named 3 specific examples in which minors CAN???
I think we are confusing things here. In general the law will not enforce contracts against minors and allows a person upon reaching the age of majority to repudiate any contracts he may have made as a minot. That does not mean a minor is not allowed to enter into contracts, it mainly means the other party will not want to enter into a contract he cannot enforce against the minor. Some contracts he cannot repudiate though. This is a matter of state law.
I have a feeling the OP is personally interested in this matter.
Yes. Theres a new girl at work that were trying to help start out in life. She`s an emancipated minor with no driver license but she works at a county facility, so she does have a picture name tag (which may be valid ID, I suppose).
I mentioned getting direct deposit at a bank where she just opened an account, and she thought this was very helpful. She`s been using an ocassional money order here and there, but a checking account would be useful.
I suppose it would be best if she simply went in person into different banks and asked if she could have checking. I myself use the Credit Union, which provides free checking to its members.If she’s an emancipated minor, I don’t know why a bank would have a problem, since she is legally to be treated as an adult, right? I always thought that was the point of BEING an emancipated minor. She’ll have to cough up the paperwork to prove the status, I’m sure, but I don’t think it’ll be a problem.
I doubt the work ID will be acceptable. Banks typically require state issued identification, namely a drivers license or a ID card or a federal gov’t ID card from the military. They won’t even accept a receipt from Social Security anymore in order to change names on an account. I got married last year and had to wait until my new card showed up in order to get my accounts changed, even though I already had a new DL with my married name on it.
She needs to acquire some legal ID, and take it and her emancipation documents to the bank. They shouldn’t have any reason to deny her after that.
My brother doesn’t drive, but he has a state I.D. It’s legal. I hadn’t seen that she didn’t have one of those.
I`ll mention the State ID to her, and suggest she go into her bank and ask in person about a checking account. Thanks to everyone.
I opened a checking account when I was 17 with no questions asked. They even gave me a Visa check card, which I proceeded to use at various sites as proof that I was an adult - I guess they thought no one under 18 would ever have a Visa number.
I opened my first chequing account when I was 14. I had a job and wanted a chequing account. No problems with this as far as I know. At least not up North. Why would you need to be an adult to have a chequing account? It’s not credit.
dr hermes the girl you speak of can open an account as long as she brings her emancipation papers. She is a legal adult.
I don’t remember getting a co-signer or parental permission when I opened my first checking account at 17.
What about a regular old saving’s account. I got one and it let’s me have an ATM to get money and I can pay bills thru the internet on my ATM.
I had a similar situation. I was 16 when my mother died (my dad died when I was 11). Fortunately I was in college. (I skipped a grade and graduated early.). Fortunately I was on my mother’s checking account. So after she died I didn’t tell the bank and kept it open. I did the same with her Visa card. Since I was in college no one ever questioned my age. But that was in 1980.
I guess things were different. Like when I got my driver’s licence. I DROVE MYSELF to the test. Of course illegally but no one ever said anything. I just acted like it was OK.
Would it surprise you to learn, handy, that you’re wrong in this?
A minor may legally enter a contract. There are some types of contracts he may disaffirm, and they will not be enforced against the minor. There are other types of contracts - necessities of life - that are enforced against the minor and which he may not disaffirm.
I bet Judge Judy, an actual judge at one point before she was a TV judge, knows this. I bet she made a less sweeping statement, one probably limited to the facts before her. I suspect YOU, not being an actual judge or even a very good judge of what you know and what you don’t know, took Judge Judy’s statement and applied it universally, when she meant no such thing.
Any chance of that being right, handy?
- Rick