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When filing a civil suit involving a minor, who do I put as the defendent? The minor (17 then, now 18), mother, or both?

Visalia, CA |

A 17 year old neighbor borrowed a priceless scrapbook of my daughter and refuses to return it (it has now been 1 year). I have asked her and her mother for it several times and they both now say she doesn't have it. The scrapbook has over 10 years of pictures I can not replace. I want to file a civil suit and not sure who to put down as the defendent; the daughter who has since turned 18, the mother, or both because at the time when the teen borrowed it she was a 17 year old minor? Who do I put as the person(s) to sue? The minor who has since turned 18, the mother, or both?

Attorney Answers 1


It doesn't matter how old the daughter was when she borrowed it, so sue the daughter now.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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