A friend of mine's son asked me for a cell phone for Christmas, which I bought him. The phone was a razor phone I only added him a line to my current plan so it's only 9.99 a month & I share mintues with him. Note: I pay the 9.99 for the extra line. Here is the messy part, my friend is seperated from his son's mother but they are not divorced yet. Since December she has taken the phone from Jessi (the son) because of her being mad at his dad and not allowing Jessi to talk to his dad. It only lasted a few days and she finally gave it back to him. They got into a dispute last week and she took the phone from him again and this time my friend (Jason) asked for the phone back. She told him no that he isn't getting it back until the divorce was final but neither has filed yet. I need to know how I can get this phone back. I went to file a report at the Police Station but they said it was not needed that I needed to contact Magistrate Court...
2007-02-19 05:02:56 · 5 answers · asked by Vanessa 1 in Politics & Government ➔ Law & Ethics
And see what they can do. I told them I don’t know what I need to do but I need some advice on how to get this phone back (I explained it all to her) She told me she couldn’t give me any advice on what to do but whatever I decided to file for they could handle it. I told her how do I know what I need to do, she suggested I call an attorney. Surely I don’t have to take it this far. Please help with any legal advice. Thanks.
2007-02-19 05:03:04 · update #1
Some answers are showing it's a gift so there is nothing I can do. This is true but a gift to a 12 year old boy...NOT his mother. If she will not let him use the phone then I think I should be able to get it back. I have suspended the line already.
2007-02-19 05:24:09 · update #2
Well, since you bought it, you should call your friend's wife and explain to her that you bought the phone for her son in order for him to tallk to his dad, since she is not letting him use the phone for that purpose, you want the phone back and will be discontinuing the plan. Explain to her that you need to return the phone so you can close that part of the account. If she doesn't return it to you, then call the cell phone company and find out how much it will cost you to terminate the service (there is usually an early termination fee of about $175. Then call her back, explain that you want the phone back or you will file a small claims case against her, requesting the cost of the phone plus the early termination fee. If she still won't return it to you, then go down to the court house and file a claim in small claims court for the return of the phone plus the cost of the early termination fee. I am sure if she finds out she will have to pay over $200 bucks she will give the phone back.
2007-02-19 05:11:44 · answer #1 · answered by hargonagain 4 · 1⤊ 0⤋
Have you talked to Jessi's mom? Let her know that the device was purchased by you, not his father... that where the service is being paid by YOU, if she takes it away from him (as his mom, she does have the right to revoke privelages) she needs to give it to you, not keep it, herself.. unless she wants to reimburse you for the purchase of the device, and have you take the service off your account.
Talk to your friend. Be sure he knows what's going on, what you're telling his (almost ex-)wife, what you expect from them as Jessi's parents.
If push comes to shove, you may have to cut losses on the cost of the device. Call your customer service and see what options are available. Some companies will transfer the # to a dummy device- you don't actually have a device, but the number and whatever plan is attached is still part of your account. You may be able to avoid an early termination fee this way.
2007-02-19 13:23:30 · answer #2 · answered by Yoda's Duck 6 · 0⤊ 0⤋
Maybe try Small Claims Court. I am going through a similar situation with trying to recover something back that I bought and that is basically what I have been advised to do. Even the Magistrate's office suggested suing in Small Claims. You do not need an attorney, and it is relatively inexpensive. Good Luck!
2007-02-19 13:10:32 · answer #3 · answered by eggshell134 3 · 0⤊ 0⤋
As far as I know, a gift is legally the possession of the person who received it. If you gave it as a gift, it is theirs. You can cancel the line, so they would have to sign up for their own service, but I think they own the phone.
2007-02-19 13:18:33 · answer #4 · answered by Take it from Toby 7 · 1⤊ 0⤋
Why don't you just ask for the phone back, or have the number discontinued and cut your losses, instead of making a federal case out of it.
2007-02-19 13:10:45 · answer #5 · answered by Anonymous · 0⤊ 2⤋