So day has been truly eventful in the fact that we were forced to kick my room mate out due to the fact she never paid any rent for three months. My question is about the cell phone we "sold" her a while back. We sold her a MetroPCS phone for $100 and she paid $50 when she got it and failed the pay the other half.
Since she failed to pay for it we never switched it into her name. The problem is now she is gone, angry, and we don't know what she might or might not do with the phone. Since it is in our name still can I report it stolen since in a sense it is? She pays the monthly charges on it for the past month but that is it.
What can I do? What can't I do? Is it legal for me to switch it off since she A) didn't pay for it B) still in our name?
2007-10-25 08:48:15 · 6 answers · asked by Fi 2 in Politics & Government ➔ Law & Ethics
Ok let me explain about MetroPCS. They are a small little company that works within the metroplex (hints the name) anyways so they don't have contracts so it is on a month to month bases. Instead of paying at the end of the month you pay at the beginning but she could do things like internet on the phone to make next month more expensive. Also, the phone doesn't have sim cards. Meaning that if I shut off the phone it is useless until she either buys a new one or gets a new number.
Does that change anything? I assume no... but I want to make sure :D
2007-10-25 08:58:05 · update #1
Been there, done this. You can turn the phone off. All she owns is the phone itself, the contract is yours, not hers. She can use that very same phone to get her own service, and the fact that it is month to month is in your favor. If she tried to take this to court, the judge would take one look at her record as far as paying the rent and paying for the phone and would agree with you that she is irresponsible and therefore a risk to your good credit. Do it today, dont wait or she might just incur alot of new expenses just to spite you. I would forget about the 50 she owes for the phone, I doubt you will ever see it. The only way you can get that back is to go to court, but you would need documentation (written agreement signed by you and her) and receipts...be prepared. If you are planning on taking her to court for the unpaid rent, same thing applies, have receipts, written agreements and all of that ready for the judge to look at. Good luck, sorry you had to learn the hard way that even friends cant always be trusted.
2007-10-25 09:19:13 · answer #1 · answered by answers4u, not insults 4 · 2⤊ 0⤋
Switch it off immediately. If you are under contract, buy another phone and switch the number to that one or pay the cancellation fee.
As for getting the phone back, without outright lying, you cannot call it stolen. She has agreed to pay and has not. That is not theft, it is a credit issue...not a criminal issue.
As for is it legal to switch it off...ABSOLUTELY! And if she is mad, better sooner than later....like now....you have not called yet? What are you waiting for? She is probably texting or calling Fiji...quit reading this and call!
I do not know what Art thinks she might be able to sue for. You own the number, it is your credit she could damage. You have all rights to cancel. If you have not called by now, you REALLY need to take this serious. I called 1 day after an employee I fired ran off with the phone, it cost me $650.00. CALL!
EDIT: The only thing that it changes is that she would probably not be able to cost you as much. You still own the number, and if you cannot get back...or buy back as was suggested...the phone...cancel it. If she wants to use it, she needs to worry about getting her chip and number.
And WHATEVER you do, do not listen to LD and report it stolen. That is filing a false report, and is a crime.
2007-10-25 08:54:01 · answer #2 · answered by Anonymous · 1⤊ 0⤋
It a civil matter because of what ever the agreement the two of you had. So you sold her your phone, the account stayed in your name, and she pays the bills?
It's your call really. I would say that the phone company would probably let you turn it off since it's under your name, but she might be able to sue you.
You know her better than any of us, so only you can decide what can be done.
How about buying the phone back from her? It might cost $50 to buy the phone back, but seems like possibly the easiest way out of a bad situation. I assume her credit is bad? You can try to call the phone company and switch the account to her name, but I assume there is a reason why that wasn't done in the first place?
2007-10-25 08:53:50 · answer #3 · answered by Anonymous · 1⤊ 1⤋
Since you handed her the phone she did not steal it. If you report it stolen and she can show she paid you $50 for it you could get charged with making a false police report.
First, you are not obligated to continue phone service for her. Shut off the account.
Second, gather all documentation of the money she owes and file a suit in small claims court.
2007-10-25 08:55:10 · answer #4 · answered by davidmi711 7 · 2⤊ 0⤋
Doubt you will get the money owed. Perhaps you can cancel any contract on the phone. Anything in your name can be controlled by you. You can also be charged if it is used improperly. I would cancel it.
2007-10-25 08:53:57 · answer #5 · answered by sensible_man 7 · 2⤊ 0⤋
Report the phone stolen, have them disconnect it, and keep the new phone you get. Of course you're gonna be stuck with an extra bill but atleast you won't have to worry about your ex roommate running up the bill
2007-10-25 08:57:11 · answer #6 · answered by LD 4 · 0⤊ 3⤋