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Would you be willing to answer five quick questions?
Q: What are some contracts I may enter into when I am 18?
A: Here are a few examples:
Q: Do all contracts have to be in writing?
A: No. Many contracts (employment, some apartment leases, agreement to pay for medical care) are rarely in writing. However, other contracts must be in writing, including some contracts to buy goods costing more than $500, any contract to buy or sell land, and any contract that will take more than a year to perform.
Q: What are some of the advantages of written contracts?
A: They protect you against lies by the other person and against poor memories. Over time, even honest people often remember their agreements differently than one another. In case of a dispute later, you have the written agreement upon which to rely.
Q: What are some of the disadvantages of written contracts?
A: Consumers are often forced to use printed form contracts that favor the seller (for example, by attempting to limit warranties and saying that consumers must pay the seller’s legal fees if the seller sues to enforce the contract). And, some words in written contracts have technical legal meanings that most people don’t understand. Often neither person knows what the written contract means, especially if it is a printed form contract.
Also, a written contract will usually control even if you thought you had a different agreement— it is hard to argue with a written contract.
Q: What should I do when I’m asked to sign a contract?
A: Read the entire contract before signing it, including the back of a form contract. Ask questions about anything in the contract you don’t understand, and don’t sign until you are sure you understand it. But understand that the other party has no obligation to tell you how to get terms more favorable to you. If there are parts of the contract you don’t agree to, cross them out; if parts you did agree to are missing, write them in.
Don’t sign a contract if it has any blank spaces—either fill them in or cross them out if they don’t apply. Be especially careful if someone asks you to sign a contract without reading it; don’t think that a printed form contract "must be okay." Don’t be intimidated by aggressive salespeople, or taken in by friendly ones.
Be sure that you get a complete, accurate, signed copy of the contract. Finally, don’t be afraid to take a copy of the contract with you before signing to have it reviewed by a lawyer (anyone who pressures you not to do that should not be trusted).
Q: What can happen if I miss payments or fail to meet other obligations under a contract?
A: You can be sued. You, as a "defendant," can be required to appear before a judge or jury and defend yourself against the other person’s ("plaintiff’s") claim against you. The judge or jury decides what the facts were and who wins. If you do not answer, you will lose by default. If you lose, a "judgment" will be "entered against you," which means that your wages can then be "garnished" (money can be taken from them to pay the debt) or other actions can be taken to collect the money from you. The judgment lasts until it is paid. Interest is added to the amount of the judgment.
Q: Are there time limits for starting a lawsuit or being sued?
A: Yes. Illinois laws create deadlines, called "statutes of limitation," for starting lawsuits or making claims. Some deadlines are very short. If you think you have a possible claim or lawsuit you should promptly talk with a lawyer and ask what time limit applies.
Q: What can I do if I owe more money than I can pay?
A: Some alternatives include working out agreements to pay your debts back over time, taking out a new loan to pay back existing debts, or declaring bankruptcy.
Q: What happens if I declare bankruptcy?
A: Bankruptcy is a formal court proceeding, and is very complicated. The result is that your assets—the things you own—may be taken (except for certain protected items) and most of your debts are canceled. Certain debts are not canceled however, including debts for things obtained by fraud, tax debts, debts that you did not report to the bankruptcy court, debts for intentional or malicious harm that you did to people or property, child support, and debts for school loans. Bankruptcy can hurt your credit rating, making it harder for you to get a loan in the future.
Q: Does my employer have to give me a written contract?
A: No. Many employment contracts are oral.
Q: How and why can I be fired?
A: Generally if you don’t have a written contract, your employer can fire you at any time for no reason. There are exceptions— an employer may not fire or discriminate against you based on race, sex, color, disability, religion, etc., or because you made a complaint about the employer to a government agency. A written contract may put additional limits on the employer’s ability to fire you.
Q: Whom should I contact if I think I have been discriminated against?
A: Illinois Department of Human Rights Stratton Building, Springfield, IL 62706 (217) 785-5100
Q: What rights to sick days, vacation days, etc., do I have?
A: Only those you and your employer mutually agree to in a contract between you and your employer or a collective bargaining agreement.
Q: Must an employer warn me before firing me?
A: Not unless the employer agreed to do so.
Q: What if my employer failed to pay me?
A: You can file a wage claim with the Department of Labor.
To download the full Becoming a Legal Adult Booklet, please click here.
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