Yaakov’s son Reuven is 16 years old and took from me ($10,000) and I know Reuven has enough money (of his own) to pay.
Both Yaakov and Reuven refuse to take responsibility If bais din issues a psak against Reuven I have no means of enforcing it in secular court in US. Will bais din even hear the case ? If I can prove that he did the damage, would they be mechayev Reuven if there is no means of enforcement (his arbitration agreement wouldn’t be enforceable as a legal minor) Would they be mechayev Yaakov? Am I just stuck?
Answer:
You are fairly stuck in terms of enforcement.
However, if you get a psak din against Reuven, you will be able to make some use of in even today, and certainly in the future — i.e., when Reuven is older and going against Beis Din might have significant consequences for him.
Another thought is that although it is true that secular law will probably not get involved in the case right now, it is possible that if Reuven will sign an arbitration agreement in Beis Din after he’s 18 years old, the ruling will be enforceable in court even if it relates to an event that happened when Reuven was a minor.
A third possibility is that you are not right about secular courts. Although as a minor Reuven won’t be charged, I think the secular courts will still intervene to get you your money back. It doesn’t make sense that minors can steal and get away with anything, even if they have the ability to return the stolen goods.
Good luck and best wishes.
