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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 05:11:02 · 6 answers · asked by Vanessa 1 in Politics & Government Law Enforcement & Police

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 05:11:20 · update #1

Note to some of the answers....yes I gave the phone to Jessi as a gift NOT his mother. Jessi is being punished because his mom is upset at Jason. Not because Jessi did something wrong. One of the times she took the phone was because he got in trouble at school and it was part of his punishment which was completely understandable but not because she is mad at her soon to be ex husband!!

2007-02-19 05:29:30 · update #2

6 answers

It was a gift, so I do not think you can get it back. What you can do is cancel the additional line with your company.

I KNOW you gave it to Jesse, not his mom. It is (unfortunately it seems in this case) her parental right to confiscate it. If she is using your minutes, cancel the the availability!

We get it, we get it! What you don't get is that you can't do squat! It's unfortunate she's using this kid in her squabbles with her (ex)husband, but your hands are tied!!!!!

2007-02-19 05:16:01 · answer #1 · answered by I See You 4 · 2 0

First........... is the phone being used? Is she using it and running up your bill and eating up your minutes? I would call your cell company and put the phone number on a temporary hold. I think you can do it in 3 month increments. You will not have to pay the $9.99 for those 3 months.

Next I would talk to the Mom and ask her for the phone back. Tell you gave it the boy as a gift but it looks like it isn't working out and you would like the phone back. If she does not give you the phone back take her to small claims court and get back your money you paid for the phone. Make sure you document everything. Send her a certified letter asking for the phone back and why you want the phone back. Just be sweet, kind and to the point. You do not want this letter to aggravate the situation and you want the letter to look like you sincerely asked if you need to take her to small claims court.



Good luck!!!!

2007-02-19 13:23:02 · answer #2 · answered by luv3dbb 5 · 1 0

This is not a police matter.
You gave the phone to him as a gift so I'm not sure what colour of right you have to it. I would disconnect any service to the phone and consider it a loss. The loss is really Jesse's isn't it? It was his phone that his Mom took from him and he has to deal with her. I think you should stay out of their dispute, let the dust settle and hopefully when people aren't so upset at one another Jessie will get the phone back.

2007-02-19 13:19:45 · answer #3 · answered by joeanonymous 6 · 1 0

Sad that his mother is taking the phone away...

BUT...is she running up additional charges....ie...using it herself?

If she is not...I would let her take it away. As a mother, I would like to think that I was able to take away (punish) my son as I see fit.

It's only 9.99 a month and I am sure the cancellation fees are going to be more.

Is it possible for you to talk to her and work something out?

I know that when my son does wrong....the first thing that I take is his fav stuff...which I am sure if he had a phone...that would be it.

2007-02-19 13:22:30 · answer #4 · answered by Anonymous · 0 0

It's not yours anymore, you gave it to the boy. You can't get it back. What you can do is to cancel the service.

2007-02-19 13:20:03 · answer #5 · answered by Tammyy 1 · 1 0

? i dont know

2007-02-25 09:13:15 · answer #6 · answered by rebel_lover_10 2 · 0 0

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