I had a family cell phone plan with my ex girlfriend. She told me that she was going to get her phone switched into her name so i let her keep it. Her mom even told me that she was going to co sign on it. After I got the next bill I was surprised that she built up an unbelievable phone bill. Am I able to sue her for the amount of the overages and if so, what laws would I need to use in a court to have a case.
2007-07-05 08:22:32 · 20 answers · asked by Jonathan O 1 in Family & Relationships ➔ Marriage & Divorce
only if her name is on the bill
2007-07-05 08:31:05 · answer #1 · answered by skcs11 7 · 1⤊ 0⤋
First, call the phone provider and change your plan, keeping only your number in your name. To keep your credit in good standing, go ahead and pay the bill, explaining all of this to your service provider. Then you can take her to small claims court, showing proof of the calls that she made at a time after the two of you were broken up. It's up to the judge from there. I guess it depends on how big the bill is and if you think it's worth it or not. I am sure the "point" is worth it to you, but you may just have to accept your loss and move on.
2007-07-05 08:39:45 · answer #2 · answered by buggoff 2 · 0⤊ 0⤋
Small claims court handles stuff like this. Have all documents ...bill, date you two broke up, bills made after this date, etc. Sue for the amount of her bill only...do not try to get any more or any less...if you try to pull a fast one, the case will be thrown out. She is going to lie her head off...she already has. Take this as a lesson in life...never trust an ex to do anything they say they are going to do..the only sure thing they will do is screw you to the wall in any way they can.
2007-07-05 08:29:44 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You can file a claim against her in small claims court. You will need to write down all the details. When you got the plan together - what was agreed on (who pays for what) - when you broke up and what was then agreed upon. I would have the phone line disconnected if you haven't already - remove it from your plan. For court - document with any witnesses you have - what her mom said and she said etc. Small claims court laws vary - so call yours and they often have a booklet or website that explains what to do. I checked here in my area and it would cost me a $25 filing fee to begin the process of taking someone to small claims court. So, check with your county courthouse. Also do a web search for your state - you can find answers there specific to your state.
2007-07-05 08:44:10 · answer #4 · answered by geminijeanna 3 · 0⤊ 0⤋
You could try. Just bring in the phone bill showing all the calls she made and how much the bill was. The only problem you might have is that the bill is in your name. Which means it is your responsibility to remove her from your plan. Probably wasn't the smartest thing leaving it up to her. If I were you, I would count my losses and move on. Lesson Learned. Good Luck!
2007-07-05 08:27:27 · answer #5 · answered by JoliCart 3 · 1⤊ 0⤋
You can take her to small claims court and see what they will do for it. Technically the contract is in your name, but you could see if a judge would hold her liable. Keep all the paperwork and document any conversations you had with them about this.
Sometimes, just the threat of taking her to court will be enough. And if you win, she will be responsible for your court costs as well.
Good luck.
2007-07-05 08:26:31 · answer #6 · answered by Yogi 6 · 1⤊ 0⤋
Anyone can sue anybody they want to in this country.If you have all the bills and you can prove that she made the calls you may have a good chance too recover your money in small claims court.
2007-07-05 08:33:57 · answer #7 · answered by Julius C 4 · 0⤊ 0⤋
yes you can sue her in small claims court...However, it will be your word against hers...It will be harder to prove that she said she will switch the phone over if you didn't have anything in writing...
To avoid another high phone bill and until you go to court, you might want to have the phone cut-off
2007-07-05 08:27:49 · answer #8 · answered by plumprump26 4 · 0⤊ 0⤋
Everyone is so sue happy these days, u were the fool who trusted someone u just removed from u'r life, so u r the fool who is responsible for those charges.
i know it sucks but it was u'r name on the bill, be a man pay the bill and take it as a lesson learned.
2007-07-05 08:27:08 · answer #9 · answered by Anonymous · 1⤊ 1⤋
Yes, you can sue her. Where I live there is a dollar limit for small claims court. Filing fee is only around $30.
Check legal procedures where you live.
2007-07-05 08:27:32 · answer #10 · answered by Anonymous · 1⤊ 0⤋
You see this in TV court cases every day........ the plaintiff always win after a scolding from the judge to the plaintiff on what poor choice you've made.
2007-07-05 08:28:36 · answer #11 · answered by Leila 3 · 0⤊ 0⤋