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I've Been Screwed Over. Can I Sue

In June of 2007 my ex-boyfriend added the “friend” to our cell phone plan. The “friend” signed a contract stating that she was responsible for her line for two years and agreed to pay for the phone and all charges. In September 2007 my ex-boyfriend and I broke up. My phone and the “friend”'s phone were then put in my name. Sometime in September the “friend” damaged her phone. I called the insurance company and filed a claim.  She never paid the deductible to get a new phone. Instead she went to another cell phone service provider and got a whole new line of service. In Sept and Oct she paid the bill late. In Nov my “friend” didn't pay her bill and as of today it still has not been paid.  I finally decided to pay the bill ($400+ total for Nov and Dec.), cancel the line and take her to court, but I’m not sure of my chances of winning since the contract was written up between my ex and “friend.” In small claims court could I still take her and win?


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33 helpful answers

"The Only Way to Get Smarter is by Playing a Smarter Opponent"

Are you and the ex still on good terms?  I think you could win because she did sign the contract which left you responsible for the amount she didnt pay.  To make it a sure thing I would bring the ex.  SInce the contract is between the ex and the "friend" the judge might want to speak with the ex.

Good Luck and Happy Holidays! 

 
157 helpful answers
If you want to make peace you don't talk to your friends, you talk to your enemies. - Moshe Dayan

I have to agree with SpecialK. Definitely bring your ex to court. That way there is no confusion or 'he said she said' going on when you do get to court. In this way, you make your case as strong as possible in court.

Posted 2007-12-23T15:07:49Z
jake.brown was invited by Yedda to answer this question.

 
13 helpful answers
Posted 2007-12-25T15:17:14Z
lawman7 was invited by Yedda to answer this question.

 
9 helpful answers

You write:

In September 2007 my ex-boyfriend and I broke up. My phone and the “friend”'s phone were then put in my name.

Who did that? Why? The "friend" has a phone and it's under your name? It doesn't make sense to me. Just remember before suing that you have to have a valid basis upon which to sue her. You must prove--

1) the "friend" breached a written or oral contract with you, or

2) committed a tortious act which caused you damage.

It's not clear to me from the facts given that you have a valid basis for suing her.  

Posted 2007-12-26T16:32:55Z
progressive was invited by Yedda to answer this question.

 
Rob
153 helpful answers

WISDOM comes from years of study, travel and life experiences!  You'll see one day. 

This is likely over now ... but must add that there was another basis for her recovering eventhough she was not a direct party to the contract:  she might prevail as a "third party beneficiary" of the contract signed (in that it agreed to pay a bill which if not paid as agree fell on the questioner ... so she was a clear 3rd party beneficiary to that contract and as such would have standing and right to sue under it.

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