Filing a small claims suit....?

Question

I am needing to file a small claims suit agains my ex fiancee. What I need to know is what I can include in the suit. Her cell phone for the past three years has been in my name, but she malitiously accrued several hundred dollars in charges just before she broke up with me. There was an agreement we made together to split the phone bill 33%/64% (hers was 33%). Can I hold her responsible for these charges, overage charges, line suspoension charges, and number cancellation charges? Also, in taking this to court, can I include loss of wages during the court proceedings?

Please......only people with knowledge on this subject. Thanks.

Nothing in writing, but I do have 2+ years of documentation supporting the agreement was taking place. But outside of the agreement, can she be held responsible for the other charges that were accrued?

Answer 1

Small claims court is designed to be somewhat informal but there still must be a legitimate legal basis for any claim that is made.

The cell phone issues seems quite reasonable and if you can demonstrate she has routinely been paying 1/3 of the charges a court will very likely accept that as adequate proof of the agreement.

The loss of wages issue is a different matter. There is no legal basis for holding a party liable for the loss of wages that are incurred by the plaintiff while prosecuting a lawsuit.

A small suggestion is that you tone down your rhetoric in the complaint and while in court. Using words like "malicious" is questionable and won't win you any points with a judge.

Answer 2

An oral agreement is just as binding as a written agreement, the question will then be for the judge as to whose testimony is the strongest.

Given that you had just broken up, it would seem logical that you would ask her to pay her share of the bill.

I am not sure about the other charges that you have incurred, this is probably a weaker point and the judge may take the view that you were still responsible your share of the bill and therefore she shouldn't take the can for all of it.

But you would definitely succeed on on the 33%

As for loss of wages, again, it's only a small claims case that won't take that long and is relatively straight forward, I wouldn't hold your breath on claiming for any wages you have lost but you can try nonetheless.

Don't forget to take ALL your relevant documents to court.

Good luck

Answer 3

Rillifane has it right. I'm an attorney though I don't claim to know the law where you live. As the person suing, you have the burden of proof, which means you have to prove that there was in fact an oral contract. A consistent pattern of the gf's paying 1/3rd will help. And you might be able to show the agreement extended to all charges, not just the calling charges.

On the lost wages, no, you won't get them. There was no contract on that issue, and the courts almost never pay litigants for their lost time in litigating. There are several reasons for this but the bottom line is, each side pays its own expenses. The most you will get is your court costs (filing fee, etc.).

You should think ahead to how you are going to collect on any judgment.

Answer 4

Your agreement must be in writing. An oral agreement won't fly in court (small claims court, anyway). Your best bet is to have the phone shut off - and pay the cancellation fee on the contract and be done with her and the whole mess. And for God's sake whatever you do - don't get back together with her!

Answer 5

Did you have the agreement in writing? Otherwise don't waste your time. Courts are adamant on having things in writing.

Answer 6

Dear...if you left her phone in your name for the last 3 years, it's your fault for not taking your name off the bill. No judge is going to give you money for being dumb. Sorry.