Cell Phone Hell...Please Help

[JDOE03]

What is the name of your state?What is the name of your state? Travis County, Texas

This is my first post so if something is missing, please let me know...

I was in a relationship back in 04' and my Girlfriend at the time put an additional cellphone on her "Family Plan" and gave it to me due to my work schedule and her wanting to be able to contact me. I signed no contracts and everything was in her name (The cellular company did not have any of my info.) I agreed to help pay the phone bill in full most months but that she may need to pay some if I cannot come up with the funds. I paid all payments in cash and have no receipts to prove payment. I broke up with her due to finding another woman and I gave her the cell phone back prior to conctract ending and told her I would pay the Disconnection cost's. I paid the disconnect fee... She then got upset and started calling all of my friends on my call log in the phone and started harrassing me. I got married and have a child and when she found this out she snapped and said I owed her 649.00 on a back bill. (I feel she ran these up by calling all of my friends...) I refused to pay and now she is stating she is going to take me to court. I have no documentation and no prrof of paying or that I gave back the phone other than the Check I wrote for the disconnection costs that only states in the memo field as "Cell Phone".

Question: Does she have a case ; Will she win ; What should I do to prepare myself if she takes me to small claims court?

Any help would greatly be appreciated

 

[Happy Trails]

What is the name of your state?What is the name of your state? Travis County, Texas

This is my first post so if something is missing, please let me know...

I was in a relationship back in 04' and my Girlfriend at the time put an additional cellphone on her "Family Plan" and gave it to me due to my work schedule and her wanting to be able to contact me. I signed no contracts and everything was in her name (The cellular company did not have any of my info.) I agreed to help pay the phone bill in full most months but that she may need to pay some if I cannot come up with the funds. I paid all payments in cash and have no receipts to prove payment. I broke up with her due to finding another woman and I gave her the cell phone back prior to conctract ending and told her I would pay the Disconnection cost's. I paid the disconnect fee... She then got upset and started calling all of my friends on my call log in the phone and started harrassing me. I got married and have a child and when she found this out she snapped and said I owed her 649.00 on a back bill. (I feel she ran these up by calling all of my friends...) I refused to pay and now she is stating she is going to take me to court. I have no documentation and no prrof of paying or that I gave back the phone other than the Check I wrote for the disconnection costs that only states in the memo field as "Cell Phone".

Question: Does she have a case ; Will she win ; What should I do to prepare myself if she takes me to small claims court?

Any help would greatly be appreciated

If she chooses to sue, she will have the burden of proving to the Judge that you owe it. Get all the information you have together.

Information link: http://www.peopleslawyer.net/smallclaims/texasstatute.html

 

[JDOE03]

If she chooses to sue, she will have the burden of proving to the Judge that you owe it. Get all the information you have together.

Information link: http://www.peopleslawyer.net/smallclaims/texasstatute.html

I have no documentation at all other than one check that has cleared...
(Not nearly the dollar amount in question, only the cancellation charge)

Ex-Girlfriend states that she has a cell phone bill with detailed call list and dollar amount for phone line...

Can I use the Statute of Frauds? A friend told me of this....

 

[Happy Trails]

I have no documentation at all other than one check that has cleared...
(Not nearly the dollar amount in question, only the cancellation charge)

Ex-Girlfriend states that she has a cell phone bill with detailed call list and dollar amount for phone line...

Can I use the Statute of Frauds? A friend told me of this....

The ex may state that you never paid anything toward the bill. She still has to prove you had an agreement to pay for your use. The fact you don't have anything to prove you paid is unfortunate. This will be a 'she said', 'he said', deal.

You did benefit from the use of the phone, the only problem you have is you didn't use a check or get a receipt. Will the court believe you didn't pay anything toward the monthly bills? Who knows? Looks to me that you paid the cancellation fee and you felt that was the balance of what you owed. I don't know how the court will look at this; maybe it will look like a she is out for revenge, because you are with someone else now.

As far as the "Statute of Frauds", IMO, it won't fall under that.

statute of frauds
n. law in every state which requires that certain documents be in writing, such as real property titles and transfers (conveyances), leases for more than a year, wills and some types of contracts. The original statute was enacted in England in 1677 to prevent fraudulent title claims.

http://www.mctexlaw.com/atf-contracts.asp

 

[JDOE03]

The ex may state that you never paid anything toward the bill. She still has to prove you had an agreement to pay for your use. The fact you don't have anything to prove you paid is unfortunate. This will be a 'she said', 'he said', deal.

You did benefit from the use of the phone, the only problem you have is you didn't use a check or get a receipt. Will the court believe you didn't pay anything toward the monthly bills? Who knows? Looks to me that you paid the cancellation fee and you felt that was the balance of what you owed. I don't know how the court will look at this; maybe it will look like a she is out for revenge, because you are with someone else now.

As far as the "Statute of Frauds", IMO, it won't fall under that.

statute of frauds
n. law in every state which requires that certain documents be in writing, such as real property titles and transfers (conveyances), leases for more than a year, wills and some types of contracts. The original statute was enacted in England in 1677 to prevent fraudulent title claims.

http://www.mctexlaw.com/atf-contracts.asp

Thank you very much for your advice