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Left owing $1196.86, what is my rights?

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WillJ

Junior Member
Hi, I am being put into collections because I co signed a phone for someone I thought of as a friend. The agreement was that he would take care of the bill but he has failed to do so and now I have to pay a bill of $1196.86. My question is do I have any right to take him to small claims court for the amount I will be owed. I am unsure of what course of action I should follow, but the best option seems to be to pay it myself, and bring him to court for the amount of the bill. Is this a good or even valid idea?
 


Zigner

Senior Member, Non-Attorney
Hi, I am being put into collections because I co signed a phone for someone I thought of as a friend. The agreement was that he would take care of the bill but he has failed to do so and now I have to pay a bill of $1196.86. My question is do I have any right to take him to small claims court for the amount I will be owed. I am unsure of what course of action I should follow, but the best option seems to be to pay it myself, and bring him to court for the amount of the bill. Is this a good or even valid idea?
In the United States, yes, you can go to small claims court. However, YOU are the one that will be responsible to pay the bill in the end.


ETA: In other words, you can seek reimbursement if you end up paying the bill.
 

latigo

Senior Member
Hi, I am being put into collections because I co signed a phone for someone I thought of as a friend. The agreement was that he would take care of the bill but he has failed to do so and now I have to pay a bill of $1196.86. My question is do I have any right to take him to small claims court for the amount I will be owed. I am unsure of what course of action I should follow, but the best option seems to be to pay it myself, and bring him to court for the amount of the bill. Is this a good or even valid idea?
If you are asking can you file an action to force the principal debtor to pay the people providing the service, the answer is no.

You would first need to honor your guarantee and then by right of subrogation sue the principal for reimbursement.

However the creditor could sue both or either of you.
 

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