Does Age Matter in Small Claims?
Yes. Your age is an important part of determining legal liability, defenses, and remedies. So, understanding Age of Majority is important when filing a case in court. While most states recognize an adult person at the age of 18, some parts of the country differ.
In general, filing a claim against an adult in court is most popular. But what if you are dealing with a minor?
Depending on your jurisdiction, minors may utilize the court’s civil process by filing a waiver.
Minors may still be brought to court as named defendants, but rarely have the financial means to produce monies to pay for harm. Keep in mind, parents aren’t responsible for damage done by their minors in most circumstances. On the other hand, in certain states, parents may be liable up to the court’s predetermined dollar amount. Yikes!
Squabble Tip: When making a claim against a minor, name the defendant and their guardian. For example, Darrel Dunn is 16 years old and considered a minor in the state. Darrel’s father is Dennis Dunn. When filing a lawsuit, you may name: Darrel Dunn, a minor, and Dennis Dunn, his Father.