About a year ago, I use my name to activate 4 cell phones numbers to help out one of my friend and her family (they don’t have social security number). 6 months ago, she stopped paying her bill. Since everything is under my name I took this responsible and pay off the bill, I can’t let it sit there and ruin my credit. But the worst part is that she was still in contract with that phone company for another 6 months, I end up paying somewhere around $800 for 6 month. (1st bill I paid was for $400, after I lost touch with her I suspended the service, so she can't use it, but I still have to pay for it) if I were to take the whole thing to court, do I have a case? (Lost more faith in humanity after this incident)
Do I have a case? Neep help
- Thread starter NSXWIND
- Start date
I understand all the fees I pay for going to court maybe higher than $800 but I can't let someone stab me in the back and walk away, especially she was a friend. (I am an emotional person, low EQ) A friend that I have invited to my house for dinner, also a friend that I would take my own time off just to comfort her when she is feeling down. I guess there is a limit being "nice guy"
And NO, nothing happen between me and this friend of mine, I was helping her because I trusted her.
And NO, nothing happen between me and this friend of mine, I was helping her because I trusted her.
Hey Wind,
First things first, I feel for you.. I had a very similar experience.. My EX turned on her home phone in my name with my permission because I'm an freaking idiot like that.. 4 months later, I received a bill to the tune of $1200 for all the calls that she had made during that time.. Needless to say that the account was suspended and she was no where to be found..
I paid the bill and took a few extra hundred bucks to pay someone to kick my ass so that this would never happen again.. In retrospect, I did what I did because I felt that I was trying to be a good person and help someone (as I'm sure you did too).... The consequence of my actions cost me big time and that is the risk that you take ..
Before you seek legal action, think about this...
1) To the eyes of the phone company, you willingly set up those accounts so you are liable.. If you dispute it, the burden of proof that will be on you that it was fraud and they will bill you if your claim is found to be unsubstantiated.
2) If you go to court and win (against your friend), chances are that you WILL NOT see your money (if they had it and their phones were important to them, they would've paid it) and it is clearly obvious now that they do not appreciate or care about what you have done or have to deal with..
what the hell kinda friend is that? you don't want or need them....
My friend, cut your losses and chaulk it up as a life experience.....
Sometimes the old saying is true.. "No good deed goes unpunished".
I'll buy you a beer and we can be thankful that we at least tried to make a difference to someone..
peace.
-jeff-
First things first, I feel for you.. I had a very similar experience.. My EX turned on her home phone in my name with my permission because I'm an freaking idiot like that.. 4 months later, I received a bill to the tune of $1200 for all the calls that she had made during that time.. Needless to say that the account was suspended and she was no where to be found..
I paid the bill and took a few extra hundred bucks to pay someone to kick my ass so that this would never happen again.. In retrospect, I did what I did because I felt that I was trying to be a good person and help someone (as I'm sure you did too).... The consequence of my actions cost me big time and that is the risk that you take ..
Before you seek legal action, think about this...
1) To the eyes of the phone company, you willingly set up those accounts so you are liable.. If you dispute it, the burden of proof that will be on you that it was fraud and they will bill you if your claim is found to be unsubstantiated.
2) If you go to court and win (against your friend), chances are that you WILL NOT see your money (if they had it and their phones were important to them, they would've paid it) and it is clearly obvious now that they do not appreciate or care about what you have done or have to deal with..
what the hell kinda friend is that? you don't want or need them....
My friend, cut your losses and chaulk it up as a life experience.....
Sometimes the old saying is true.. "No good deed goes unpunished".
I'll buy you a beer and we can be thankful that we at least tried to make a difference to someone..
peace.
-jeff-
Wind, you're such a nice guy, I hate to hear stories like this happening to people like you...
You definitely have a case and can take this to small claims. It should cost you about $22 to file. I've heard of and have even seen some of the cases on TV similar to this where people like you have won.
http://www.lasuperiorcourt.org/smallclaims
Who knows, at the thought of going to court, your "friend" might just opt to pay you back. But you'll need to make contact with her again somehow and have someone serve her. You probably have access to her phonebills and calling some of those numbers might help track her down. You can definitely win this in small claims, but collecting may be more difficult.
You definitely have a case and can take this to small claims. It should cost you about $22 to file. I've heard of and have even seen some of the cases on TV similar to this where people like you have won.
http://www.lasuperiorcourt.org/smallclaims
Who knows, at the thought of going to court, your "friend" might just opt to pay you back. But you'll need to make contact with her again somehow and have someone serve her. You probably have access to her phonebills and calling some of those numbers might help track her down. You can definitely win this in small claims, but collecting may be more difficult.
Pretty tough luck, Wind... re: having a case... anyone can sue anyone for anything. The real issue is, is the "case" a winner, and if so, what is the likelyhood of collecting, not only what you are out of pocket, but also what it will cost you in filing fees, court costs and your time and emotional agony. Remember too that if you sue, you are not always assurred of being able to quit when you get tired of chasing lost money... the other side can always counterclaim and make you an unwilling captive to the costs and expense of becoming the defendant.
From the info in your post it sounds like any potential claim against the 'phone company is a loser. The potential claim against your friend may be a winner, IF you can prove up an enforceable contractual agreement for reimbursement (her claim, of course, is likely to be that it was a gift... the "he said/she said" conundrum. Likelihood of collecting even if you got a judgement... I'd bet on a no.
Maybe best to chalk it up to experience, don't make the same mistake in the future, and be thankful it only cost you $800 for the education. Take heart... it cost me many times that amount to learn the same lesson.
Vic
PS... although I'm a licensed attorney, my license is inactive (because I retired) and the above is just a friendly observation... not intended in any way as legal advice.
From the info in your post it sounds like any potential claim against the 'phone company is a loser. The potential claim against your friend may be a winner, IF you can prove up an enforceable contractual agreement for reimbursement (her claim, of course, is likely to be that it was a gift... the "he said/she said" conundrum. Likelihood of collecting even if you got a judgement... I'd bet on a no.
Maybe best to chalk it up to experience, don't make the same mistake in the future, and be thankful it only cost you $800 for the education. Take heart... it cost me many times that amount to learn the same lesson.
Vic
PS... although I'm a licensed attorney, my license is inactive (because I retired) and the above is just a friendly observation... not intended in any way as legal advice.
Hey blknsxnoc, Malibu Rapper, Jeansxbond
Thank you all for your advice, I think I am going to give up. The contract had ended for more than a month, I still haven’t been able to reach her yet, and honestly I am exhausted.
Like you all said "a small price to pay for a big lesson in life".
Btw Jeff, I don't drink alcohol at all. I have mess up my lung by smoking, I'd like to keep my liver pure, so I'd have something to donate when I die.
j/k but we should all meet up sometime for dinner
Thank you all for your advice, I think I am going to give up. The contract had ended for more than a month, I still haven’t been able to reach her yet, and honestly I am exhausted.
Like you all said "a small price to pay for a big lesson in life". Btw Jeff, I don't drink alcohol at all. I have mess up my lung by smoking, I'd like to keep my liver pure, so I'd have something to donate when I die.
j/k but we should all meet up sometime for dinner
NSXWIND said:Btw Jeff, I don't drink alcohol at all. I have mess up my lung by smoking, I'd like to keep my liver pure, so I'd have something to donate when I die.
Glad to hear it. I'm not much of a drinker either but I am a smoker like you.
dinner sounds good to me.. hope to see you at one of the local meets soon..
take care and don't let this experience change who you are.. my EX screwed me pretty good but I don't inflict any of the crap that I'm bitter about on my new girlfriend.. live and learn is right...
-jeff-
Similar threads
