If I cosigned a a phone contract for my cousin, but she rang her bill up to $922.67 and she says she's doesn't want to pay, can I take her to small claims even if she didn't sign a contract wit me.
2007-12-23 08:26:53 · 14 answers · asked by playboyleroy2002 1 in Politics & Government ➔ Law & Ethics
i didnt cosign i got the phone under my name for her and she promised me and begged me and told me she would pay it. now she said she doesnt want to.
2007-12-23 08:51:37 · update #1
what if i have witnesses? can they be my contract. we had a verbal agreement and now she saying she doesn't want to pay she wants to buy her a car
2007-12-23 09:22:18 · update #2
Yes, you can bring anyone to to court for any reason - but you will NOT win this.
You signed the contract. This means you willingly accepted any responsibility for your cousin at that time, it is as if you are on the contract yourself.
If it doesn't get thrown out on this alone and it goes further, as mentioned, you will have to prove your cousin made the charges, which is easy enough.
So the court finds in your favor. Then what? It doesn't mean you walk out with a check. You have to collect the money yourself, either by paying someone to do it or filing for a lien to be placed on their personal property. Assuming she doesn't have a car or anything worth levying against, you're still at square one.
What sucks about this is her irresponsibility is going to affect *your* credit, so you'll have to pay the bill and hope by keeping it in the family someone will step up and do right.
To those commenting on sue-happiness of America, there is a big difference between small claims court and civil litigation. You cannot bring a lawyer into a small claims court. This changes things drastically. So far it's still a . . "decent" . . .system.
2007-12-23 08:50:27 · answer #1 · answered by Anonymous · 0⤊ 1⤋
Yes you can. Good luck.
Correction my friend. She did co-signed a contract with you. That's what YOU did when you CO-SIGNED the contract she got. In other words, you're stuck with the $922.67. Talk about an expensive lesson! Bet you wouldn't co-sign for anybody else anytime soon, huh? Hope you're a better person than I was before the judge. Otherwise you'll hear the same thing: Will that be cash or credit card?
When anybody needs a co-signer to get anything, they don't need that thing. If they want it that badly, they need to get a part time job or two jobs or win the lotto. My lesson cost me $42,173.04 plus court costs. Yes, she was my daughter. I still love her but her attitude resulted in the rest of her brothers and sisters having to make it on their own. Daddy wouldn't co-sign anymore. There!
2007-12-23 08:47:19 · answer #2 · answered by Anonymous · 1⤊ 1⤋
You have the RIGHT to sue, however, you will most likely only incur more expenses (and hard feelings) from court costs and will probably never get anything from your cousin. I doubt your cousin won't pay the bill, they probably just can't pay the bill right now and all at once. The best solution would probably be to pay the bill yourself (you did co-sign voluntarily after all) and try to get your cousin to repay you over time. Good Luck
2007-12-23 08:41:58 · answer #3 · answered by jdh 3 · 1⤊ 1⤋
Yes you can....she used the phone and ran the bill up that high....You all had a verbal agreement for her to pay and that is good enough in small claims court.
2007-12-23 08:30:32 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Since you do not have a signed contract as you indicate you do not the court case will come down to to who is more believable to the judge. The only contract you have is when you bought the phone and signed the contract in your name. You bought the phone and then let your cousin use it. Sue her but as I said it will come down to who is more credible to the judge.
2007-12-23 09:17:19 · answer #5 · answered by firewomen 7 · 0⤊ 2⤋
Yes, all you have to show is you signed the contract, but the cousin incurred all of the expenses, by showing where or to whom calls were made.
2007-12-23 08:34:28 · answer #6 · answered by regerugged 7 · 0⤊ 1⤋
Just knock it off, both of you. She can't sue you for something like this that happened five years ago. You can't do anything about her joking about kidnapping your daughter. Quit trying to abuse the legal system to provide the energy for your drama.
2016-05-26 01:22:29 · answer #7 · answered by ? 3 · 0⤊ 0⤋
Yes a verbal contract is just as good as a written one in conciliation court.
2007-12-23 08:37:44 · answer #8 · answered by Anonymous · 1⤊ 2⤋
Then you should not co sign for anyone, one of the problems these days are people are just so sue happy, you can sue almost anyone for almost anything! unless its a Dr. that screwed you up and you can't find another Dr. to say that they did!
2007-12-23 08:34:50 · answer #9 · answered by Carol H 1 · 1⤊ 1⤋
Yes, small claims court is for recovery of money up to $5000.
2007-12-23 09:55:06 · answer #10 · answered by WC 7 · 0⤊ 2⤋