Philadelphia, PA asked in Criminal Law, Personal Injury and Juvenile Law for Pennsylvania

Q: I'm in Pennsylvania and 18y/o m. A 16 year old m didn't pay back my 200 dollars.

He challanged me to a fight, and to avoid more problems it seems like the best solution. What could happen here. Not fighting is kind of out of the option at this point.

2 Lawyer Answers
Elizabeth Tarasi
Elizabeth Tarasi
Answered
  • Pittsburgh, PA
  • Licensed in Pennsylvania

A: Do not fight him.

Andrea E. Mertz
Andrea E. Mertz
Answered
  • Criminal Law Lawyer
  • Reading, PA
  • Licensed in Pennsylvania

A: Think this through. If you fight him, you could be accused of the criminal offense, simple assault. You will be prosecuted and could serve a lengthy term of probation or jail and substantial fines. In terms of suing him in civil court to recover the $200 on the basis of breach of contract, you unfortunately do not have a contract to enforce with the 16 year-old. By law, 16 year-old minors are incompetent to form a contract, so you cannot sue for breach of contract. Again think of the ramifications before you act.

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