Paypal Negative Balance

Discussion in 'Legal Issues' started by inked, Jul 7, 2010.

  1. #1
    Hi, I have an negative balance of around 50$ from about 4 monthes ago. Paypal has been calling me at least once a week since, eventually locked my account and now has passed it on to NCO. I've been getting calls from NCO and so has my mother. It's basically from a transaction from a game account and the buyer filed an unauthorized claim. I'm technically a minor and my mother is getting kind of fed up with the calls and wouldn't want to pay it off for the reason of the negative balance, however she wants to get this fixed. We talked and she said she would basically tell NCO that I'm a minor and them trying to collect from me isn't going to happen, thing is I said I was 18 during registration, however all other information was real. I am wondering if Paypal/NCO can do anything and if they could possibly sue for listing fake information.

    Need advice/suggestions, before someone tells me to just pay it off, I want to know what will happen we tell them I'm a minor, or just basically not pay it off.

    Thanks,

    regards.
     
    inked, Jul 7, 2010 IP
  2. RadioBounce

    RadioBounce Banned

    Messages:
    4,171
    Likes Received:
    16
    Best Answers:
    1
    Trophy Points:
    0
    #2
    Looks like you've got yourself into a bit of a sticky situation :)
     
    RadioBounce, Jul 7, 2010 IP
  3. Internal09

    Internal09 Member

    Messages:
    256
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    35
    #3
    Well faking your age is a crime and you will have to pay or you will most likely get debts...
     
    Internal09, Jul 7, 2010 IP
  4. SocialSignals

    SocialSignals Well-Known Member

    Messages:
    683
    Likes Received:
    24
    Best Answers:
    0
    Trophy Points:
    110
    #4
    How do you get a negative balance in the first place?? Of course paypal would be a pain in the ass to you, because that's just not normal. I suggest just uploading $50 of funds to your paypal so you are 0 then you are good to go.

    Also use paypal wisely! When you lie about something, then lie about EVERYTHING, I mean when you give them a fake age, also give them fake address, phone number etc. (or just don't lie about anything and wait till your 18!)

    Hope this helps.
     
    SocialSignals, Jul 7, 2010 IP
  5. browntwn

    browntwn Illustrious Member

    Messages:
    8,347
    Likes Received:
    848
    Best Answers:
    7
    Trophy Points:
    435
    #5
    Really, what crime is it for a minor to say they are not a minor?
     
    browntwn, Jul 7, 2010 IP
  6. ChrisMiller

    ChrisMiller Prominent Member

    Messages:
    1,934
    Likes Received:
    81
    Best Answers:
    0
    Trophy Points:
    315
    #6
    NCO has been trying to contact me for ages I just keep blocking their numbers and ignoring them. Paypal claims I owe them $46,000 but with interest over it is more like $86,000+ now I believe. This has been going on for almost 2 years now and there is no reports on any of my 3 Credit score's from them or any other company for debt what so ever.
     
    Last edited: Jul 7, 2010
    ChrisMiller, Jul 7, 2010 IP
  7. c_programmer

    c_programmer Peon

    Messages:
    92
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #7
    To falsely say it on a contract constitutes fraud, which is a crime.

    Just pay it off and they will not likely peruse you. I would then promptly close the paypal account, if the catch you they will ban you and you wont be able to get one when you turn 18. To sue they need to prove damages, just being a minor is not a damage as long as you are not trying to burn them. However, there are criminal implications:

    US Code Title 18 § 1001
     
    Last edited: Jul 7, 2010
    c_programmer, Jul 7, 2010 IP
  8. browntwn

    browntwn Illustrious Member

    Messages:
    8,347
    Likes Received:
    848
    Best Answers:
    7
    Trophy Points:
    435
    #8
    Fraud is a good bet to cover misrepresentations, however, I do not believe that Title 18, section 1001 has ever been used in the manner you suggest. Namely, that it is a criminal violation of the title for a minor to say he is over 18 while entering a contract. In most jurisdictions in the United States contracts entered into by minors are voidable at the option of the minor. The laws in this regard are to protect the minor, not the other way around. Personally, I do not even think a persons age is material to the contract in any event.

    My reason for commenting is the idea that people are telling him there are "criminal implications" for signing up when he was under 18 is misleading at best.
     
    browntwn, Jul 7, 2010 IP
  9. c_programmer

    c_programmer Peon

    Messages:
    92
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #9
    I don't know of any instances either, but I am not familiar with that area of law so I don't know of any court cases where that came up.

    A contract a minor enters to is not binding for the minor, however it is supposed to be known that the signer is under 18. That is different than lying about your age. Minors are not exempt from fraud.

    As for it being material, when it is a clause in the contract I think it will be.
     
    c_programmer, Jul 7, 2010 IP
  10. coldcoder

    coldcoder Well-Known Member

    Messages:
    954
    Likes Received:
    6
    Best Answers:
    0
    Trophy Points:
    130
    #10
    never seen or read about anyone went to court for paypal lol
    is that really true will they open case and police will get you pay or jail ...
     
    coldcoder, Jul 15, 2010 IP
  11. c_programmer

    c_programmer Peon

    Messages:
    92
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #11
    Paypal is not a legal entity. Just like stealing from a Walmart is the same as stealing from Jewel, fraud is fraud no matter who you do it to. Now I do now know if they would file a police report, legal discussions like these are theoretical.
     
    c_programmer, Jul 15, 2010 IP
  12. instant87

    instant87 Active Member

    Messages:
    626
    Likes Received:
    7
    Best Answers:
    0
    Trophy Points:
    80
    #12
    If you said you are 18 during registration, it is still fraud, and that does not mean you don't have to fulfill your end of a contract because you're a minor. IF you registered as a minor for the game, then you are legally allowed to rescind your end of the contract because you are a minor, and you don't have to pay the game balance. I'm assuming that you also registered for paypal as if you were over 18 (also illegal), so you are stuck with the bill and you have to pay it.
     
    instant87, Jul 16, 2010 IP
  13. abbiati50

    abbiati50 Member

    Messages:
    167
    Likes Received:
    4
    Best Answers:
    0
    Trophy Points:
    33
    #13
    Tell your mom - it is not worth the hassle for us 50 !! just pay it !!
     
    abbiati50, Jul 16, 2010 IP
  14. bk871

    bk871 Well-Known Member

    Messages:
    2,442
    Likes Received:
    34
    Best Answers:
    0
    Trophy Points:
    150
    #14
    You should pay it... The situation will be resolved, and if you fight it for being a minor, you could get in even more hot water.
     
    bk871, Jul 16, 2010 IP
  15. Rukiara

    Rukiara Well-Known Member

    Messages:
    400
    Likes Received:
    6
    Best Answers:
    0
    Trophy Points:
    130
    #15

    Negatory, there are laws for a reason and contracts for a REASON that state 18 years or older, they are there for safety and legal purposes. They usually cancel the account (ban you etc.), among other things. The fact is that if you are a minor you can not legally make your own decisions your parents are lawfully liable they are required to answer for your mistakes. If the person lies about age it comes down on the parents not the child, as a minor you truly are not screwing yourself you are hurting your parents AS WELL as yourself.

    That's like saying if you lie about being old enough to buy alcohol, there are age limits for a reason. Pay the fifty, close the account and if you reopen do it under your mothers permission and have her help.
     
    Rukiara, Jul 18, 2010 IP
  16. btks

    btks Member

    Messages:
    203
    Likes Received:
    2
    Best Answers:
    0
    Trophy Points:
    30
    #16
    Technically your a minor and you don't legally bind to any contracts so you can't be held reliable is what I'm thinking..? You have to be 18 or older to have any type of contact or anything, and even though you said your 18, your still a minor and the law will not acknowledge that a contact or agreement every existed.
     
    btks, Jul 21, 2010 IP
  17. Rukiara

    Rukiara Well-Known Member

    Messages:
    400
    Likes Received:
    6
    Best Answers:
    0
    Trophy Points:
    130
    #17
    Like I said before, the fault will lay on the parents, you can't just get into trouble and "Act like it never existed" that's a load of crap. How can people not acknowledge that? You don't just acquire debt and it just "Disappears" because you "Weren't suppose too." The person lied, went into debt, and so forth. That doesn't just disappear. So I highly suggest the parents just pay it off. Obviously collectors and stuff are calling his house, you can't just tell them "Oh he was under the age of 18." and they'll go away, they're not gonna say "Oh okay. *Click*". They're going to say "We don't care, you got into debt, that is money legally owed to us. If the child can not pay, the parents are responsible." It's like you permanently co-sign for the child until they hit 18.
     
    Rukiara, Jul 21, 2010 IP
  18. instant87

    instant87 Active Member

    Messages:
    626
    Likes Received:
    7
    Best Answers:
    0
    Trophy Points:
    80
    #18
    False. While minors are not binded to contracts with adults (like you said), the fact that the original poster said they were over 18 makes the contract binding and the debt would fall on your parents.
     
    instant87, Jul 21, 2010 IP
  19. Blue Star Ent.

    Blue Star Ent. Well-Known Member

    Messages:
    1,989
    Likes Received:
    31
    Best Answers:
    0
    Trophy Points:
    160
    #19
    I agree with this. Minors are not considered eligible to enter into contracts. In addition, get a real lawyer !
     
    Blue Star Ent., Jul 21, 2010 IP
  20. atreides

    atreides Peon

    Messages:
    279
    Likes Received:
    5
    Best Answers:
    0
    Trophy Points:
    0
    #20
    how the fcuk did you end up with 46k?
     
    atreides, Jul 22, 2010 IP