A minor is a person under the age of 18. In most cases, you cannot file a lawsuit directly against a minor. Instead, you must file a lawsuit against the minor’s legal guardian, such as their parent or guardian, often referred to as a “litigation guardian.”
What are the Grounds for Filing a Lawsuit Against a Minor?
There are several grounds for filing a lawsuit against a minor:
– Intentional torts: These are intentional wrongs committed by the minor, such as assault, battery, or defamation.
– Negligent torts: These are wrongs committed by the minor due to carelessness or negligence, such as causing an accident while driving.
– Breach of contract: The minor may have breached a contract with you, such as failing to pay for goods or services.
How to File a Lawsuit Against a Minor
To file a lawsuit against a minor, you will need to:
1. Determine the minor’s legal guardian: The minor’s legal guardian is typically their parent or guardian.
2. File a complaint: The complaint is a document that outlines your claims against the minor.
3. Serve the complaint: The complaint must be served on the minor’s legal guardian.
4. Attend a hearing: A hearing will be held to determine if the minor is liable for the claims made in the complaint.
What are the Challenges of Filing a Lawsuit Against a Minor?
There are several challenges to filing a lawsuit against a minor:
– Minors have limited liability: Minors are not fully liable for their actions, and their legal guardians may not be able to afford to pay damages.
– The process can be lengthy and expensive: Lawsuits can take a long time to resolve, and the costs of litigation can be significant.
– The minor may not have the capacity to understand the proceedings: Minors may not be able to understand the legal process or the consequences of a lawsuit.
Conclusion
Filing a lawsuit against a minor can be a complex and challenging process. However, there are certain grounds for filing a lawsuit against a minor, such as intentional torts, negligent torts, and breach of contract. It is important to weigh the potential benefits and challenges of filing a lawsuit before proceeding.
