my ex wants to take me to small claims court for a small cell phone bill. My name is not on the bill, the phone is mine and the debt was actually from her cutting my phone off without me transfering to another plan. Is there a way I can win this claim?
2007-02-01 13:41:04 · 6 answers · asked by Sheol 2 in Politics & Government ➔ Law & Ethics
well it depends - how much is the bill (you said small) the small claim court usually tries to do the most equitable (fair) thing. it also turns on what kind of evidence you have. if your names not on the bill then that swings in your favor - but if you are in possession of the phone and people know its your number - thats not good for you. if you can receive some kind of record showing that she was the one that caused the fee (a record from the phone company) you may have some leeway - but this will be hard cause you cant get access to someone elses account. if its small just pay it. though if you want to go to court the fees arent that large for small claims - usually around 50 to 70 dollars
2007-02-01 13:52:39 · answer #1 · answered by noah 3 · 0⤊ 0⤋
You may. If she has proof they are your calls. You should pay her with a check or money order. If you can't afford to pay it all at once, give her like $5 or $10. Plus a letter saying, " I can only afford to pay you this amount a month." Then the courts will side with you. If not, you can get stuck paying more than what you want a month. You don' t need a lawyer. Lawyers cost more, besides it's not a big case. Or, is it?
2007-02-01 13:55:46 · answer #2 · answered by girluknow2 1 · 1⤊ 0⤋
It's possible, but if I were you I'd just pay it. You'll pay more money in court fees by going to small claims court. When you pay her, do it by money order or check! NEVER pay someone in cash. That way, there is a record of the payment and they can't sue you and get paid a second time.
2007-02-01 13:44:33 · answer #3 · answered by cyanne2ak 7 · 0⤊ 0⤋
Since it's in your name, probably not. Unless you have a really understanding judge, you signed the contract and added him to it -- he is not legally responsible for the charges. Sorry, hon, and good luck.
2016-03-29 00:49:59 · answer #4 · answered by ? 4 · 0⤊ 0⤋
WATCH THE JUDGE SHOWS DURING THE DAY, THEY R FILLEDDDDD WITH THOSE CLAIMS IT SEEMS THEY CAN GO EITHER WAY DEPENDING ON THE JUDGE BUT IF WHAT UR SAYING IS TRUE THEN U SHOULDNT B LIABLE
2007-02-01 13:50:34 · answer #5 · answered by shannonlee05@sbcglobal.net 6 · 0⤊ 0⤋
You need a LAWYER, not some yahoo on YAHOO. Good luck!
2007-02-01 13:44:02 · answer #6 · answered by Anonymous · 0⤊ 1⤋