Small Claims--is it possible?

[twgeoff]

So a person signed an AT&T contract (family plan) with me last year.
We both signed a contract, ie there were signatures in the contracts, but AT&T has the contracts.
We paid 500 USD each to AT&T as deposits.
We had a verbal agreement that we paid our halves separately, and the trend went on for 7 months until he started not to pay for it, while I still paid my own part ( I have a printed version of transaction record as the proof).
AT&T decided terminate our account and use our deposits to settle down the amount that remains in the account (878.96 in total) in July 2011. In this case, he owed me 378.96 in total.
I sent him a private message and he promised to pay me the money back. However, he denied to pay me back later on. Is it possible to sue him in small claims court? This case happened in New York State.What is the name of your state (only U.S. law)?

 

[racer72]

It appears you have a valid case.

 

[twgeoff]

It appears you have a valid case.

@racer72
I am sorry but I have one more question. Is it okay to tell me why it is valid?? I live out of New York State right now so I want to make sure how the thing works before going to NY and filing the case.
By the way, does it matter if AT&T has the cotract but I don't??

Hope it doesnt sound vague and rude. Thannks so much!

 

[racer72]

I am sorry but I have one more question. Is it okay to tell me why it is valid??

It appears the other person violated a verbal agreement.

By the way, does it matter if AT&T has the cotract but I don't??

Nope, the issue is strictly the verbal agreement, the contract with AT&T is irrelevant.

 

[twgeoff]

@racer72

So basically it means he violated the verbal agreement (which was shown in the payment history) even though he may try to deny it? And this is why it matters?

 

[LOSP]

Call AT&T and request a copy of the contract which will have both signatures on it. You will need this in small claims court to substantiate your case against the said defendant in the case.