Being Sued By Ex For Cell Bill

[termsofcases]

What is the name of your state? Oregon

I just wanted to first thank you all for any advice given.

My ex-girlfriend is taking me to small claims court over a cell phone bill that was 514.00 in charges. She works for T-mobile and the account is in her name and she has 3 line accounts as well. She is claiming from the court papers that I ran the bill up on one of the lines. We only dated for about 6 months and we went our different ways after words due to her saying she didn't want to be my fin. burden.

I wasn't working at the time and only getting unemployment, but she had let me use one of the phones for the time being we were together. There was never any verbal agreement or written agreement for that matter that I pay a share of the bill. She knew I wasn't working and was on a break from work. I only remember a time when the phone was stolen and she had changed the password on teh account so I couldnt access it, and I had to get ahold of her otherwise tot urn it off. there was some charges from whoever stole the phone, in which I got it back.

Q1: how is she able to take me to court, having the bill in her name?

Q2: Does she have any chance or case without having any documents or even a verbal agreement for charges on the bill

Q3: What should I prepare myself for, I know in court emotions can run high, I am just shocked I'm still having to deal with her

Q4: can witnesses even be brought forth on this? Anybody could bring friends in and say "hey yeah he agreed to pay and I was there"


Thanks for help in advance once again.

-termsofcases

 

[racer72]

Q1: That is actually irrelevent to the case. All she has to prove is you benefitted from the used of the phone.

Q2: 50-50 more or less.

Q3: Prepare for the worst, hope for the best.

Q4: You get to question the witnesses too. You just have to know what questions to ask.

 

[termsofcases]

Q1: That is actually irrelevent to the case. All she has to prove is you benefitted from the used of the phone.

Q2: 50-50 more or less.

Q3: Prepare for the worst, hope for the best.

Q4: You get to question the witnesses too. You just have to know what questions to ask.

Well benefitting from sue of phone, there are calls that I made during the time were together. Friends, family members. Overall, I dont like court rooms, I've alrady had to go once to get a restraining order removed for false asscusations. Now for false cell phone bill.

Is there anyway I could use her buying a new phone into this. The phone was more or less a gift for me to use at times. I haven't had any excessive use on it for the time I had it.

Sounds like I should at least consult with a lawyer, not hire one, but just consult to get more advice and know what questions to say.

thanks for the help.

 

[Ohiogal]

More or less a gift does not make it a gift. This is not a false cell phone bill.

 

[termsofcases]

It sounds like a settlement should be attempted, to at least avoid this. I rather lose some then lose alot. Yeah i'm not going to lie and say I didnt use the phone, but making bogus charges I am. Should I try and settle this before court?

 

[Zigner]

It sounds like a settlement should be attempted, to at least avoid this. I rather lose some then lose alot. Yeah i'm not going to lie and say I didnt use the phone, but making bogus charges I am. Should I try and settle this before court?

Of course you can and should try to settle prior to going to court.