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Small Claims Courts General civil claims that are under $10,000. Suing or defending usually without a lawyer.

A few questions

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Old 08-06-2008, 12:16 PM     #1
SingBlueSilver
 
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Default A few questions

Hello, I have a few questions that I would to get answered, any help would be greatly appreciated.

Ok, so here is the scenario:

I was deployed to Iraq in March of 2006, and was in training for 6 months before that. I was dating a girl and we decided that it would be nice if she had a phone to call me with since she didn't have one already. We made the agreement that if I got her a phone she would pay the bill every month. I got her a job through my Dad's work so I figured she would be able to pay it no problem. I acquired a phone through a friend of mine and I added her to my phone line in January of 2006. We broke up in March but decided to remain friends. Months go by and she has yet to pay me, going over in minutes every single month, racking up the bill in my name. I was unable to cancel the phone until November 2006 when I came home for 2 weeks of leave. Tried calling her she never answered. I find out that she can still use the phone and I am now being charged by the minute. I finally get on a phone while I was overseas and was able to cancel it for good.

I repeatedly reminded her to pay me and we basically stopped talking until I came home in August of 2007. We started talking again and I was selling my laptop. We made a verbal agreement that she would pay me $50 a month until the laptop is paid off and then continue paying the rest of the money from the phone bills that she owed me after the laptop was paid off. She had paid the first 2 months no problem, and I was barely able to get the next two months. The next 4 months she did not pay me. I called her and told her that if she doesn't pay me anything within 2 weeks that I would be taking the laptop away. She never made an attempt to pay me so I picked up the laptop.

Anyway, she refuses to talk to me now. I've left her several messages, texts, and called her many times to no response. The only time she would pick up is if I called from a different number, and then she would hang up on me.

So I was thinking of taking her to small claims court. But I'm not sure if I have any legal grounds to stand on since nothing was ever written. I do have texts and emails from her saying she owes me the money or she won't pay it, and also I have a few friends that knew both of us at the time it started that would write sworn statements. I have all the phone bills and my orders proving I was overseas while these calls were being made.

The main questions I had were:

1. She was only 17 when I first put her phone on my line, does that matter?
2. If not, then would I have a legitimate case?
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Old 09-17-2008, 08:49 PM     #2
SingBlueSilver
 
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Default Re: A few questions

anyone?
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Old 09-17-2008, 09:51 PM     #3
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Default Re: A few questions

Your oral agreements are still binding and she cannot take the benefit and then refuse to pay. You could sue both her and her payments in small claims if need be.
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