Verbal Contract?

[dv76]

What is the name of your state? PA

When my ex-gf and I were still together, I had bought a separate cell phone line and phone for her to use (but it was still under my name since I was paying the bills). When we split up, I agreed to let her continue using the phone + line only after she agreed to pay me back for her portion of the cell phone bill. The first month after our split, she did pay me back. But, for the two months following that, she ran up the cell phone bills (made hundreds of minutes worth of calls and text messages over the limit to her new boyfriend -- in two months, her bill was $482.93!), and she didn't pay me back. Now, it wouldn't be a problem if I were well-off, but I'm just a poor, part-time social worker who's struggling to pay his own bills. She wouldn't reply to over a dozen emails or phone calls for a few weeks, but then finally returned one of my voice messages and agreed to meet me two weeks later (9-15-03) to pay me back. When the day came, she was nowhere to be found and wouldn't return over a dozen phone calls and voice messages and a letter to her. She finally called me back four days later while I was working and left a message saying that she wasn't hiding from me and that she doesn't owe me anything. Do I have a case here? Is this something that a Small Claims Court might rule in my favor? If so, then could someone let me know what the procedures are to getting my case heard before a S.C.Court (I've never "sued" anyone before)? Many thanks in advance.

Take care,
DV

 

[HomeGuru]

What is the name of your state? PA

When my ex-gf and I were still together, I had bought a separate cell phone line and phone for her to use (but it was still under my name since I was paying the bills). When we split up, I agreed to let her continue using the phone + line only after she agreed to pay me back for her portion of the cell phone bill. The first month after our split, she did pay me back. But, for the two months following that, she ran up the cell phone bills (made hundreds of minutes worth of calls and text messages over the limit to her new boyfriend -- in two months, her bill was $482.93!), and she didn't pay me back. Now, it wouldn't be a problem if I were well-off, but I'm just a poor, part-time social worker who's struggling to pay his own bills. She wouldn't reply to over a dozen emails or phone calls for a few weeks, but then finally returned one of my voice messages and agreed to meet me two weeks later (9-15-03) to pay me back. When the day came, she was nowhere to be found and wouldn't return over a dozen phone calls and voice messages and a letter to her. She finally called me back four days later while I was working and left a message saying that she wasn't hiding from me and that she doesn't owe me anything. Do I have a case here? Is this something that a Small Claims Court might rule in my favor? If so, then could someone let me know what the procedures are to getting my case heard before a S.C.Court (I've never "sued" anyone before)? Many thanks in advance.

Take care,
DV

**A: I would say to eat it and move on with your life.

 

[BillyBG]

I concur with that assessment. You're telling me that you don't want to take responsibility for ALLOWING someone else use a phone that's still under YOUR name? Come on!

 

[HomeGuru]

And writer after the first month when there was no money given to you, you should have cut her line. Hello, can you hear me? Can you hear me now?

 

[dv76]

hahaha, yes, I hear you . . . but the thing is, since she did pay the first month, I naively thought that she'd continue to pay the bill, not knowing that she was going to run up the bill during the subsequent months . . . A little into month #3 after the breakup (or month #2 that she didn't pay), that was when she promised to meet me on 9-15-03 to pay me back for month #2 and to sign the Transfer of Service papers so that the phone goes under her name . . . Of course, since she didn't show up and just left me hanging with the bill and line, I did cancel the line (having to pay a penalty for breaking the 1-year contract early), but still, for those 2 months, the bill's almost $500. Sure, it's not $5 million, but $500 is about 1/3rd of what I take home each month, and I still have tons of other bills to pay ($900/month mortgage, almost $500/month car for me, car for her that I took out a $6000 credit card cash advance for so that she could pay the guy right there and then, her $2000 school loan and then California trip where she met her now-boyfriend both of which she put on my credit card, utilities, etc.) . . . Yes, I'm a fool, and she played me well . . . Maybe I can't get back the other $8000 worth of "gifts" to her (the car, school loan, and CA trip), but none of you guys think I should get back the cell phone bill that she purposefully ran up on me (maybe to spite me for breaking up w/ her after finding out she wasn't exactly faithful on her CA trip -- she's always been so proud of herself for being the one who dumped guys and even left 1 guy hanging at their engagement, but maybe she's mad at me and is taking revenge for me being the first one to dump her?)? It wouldn't be bad if I actually did allow her to use it unconditionally without her promise of paying it back . . . If she wasn't going to pay me back, then she should have told me so right when we broke up so that I would have taken back the phone and save myself $500 to pay other bills . . . It's one thing if she asks me for $500, and I agreed to let her have the money; it's quite another thing to cheat me out of that money . . . So both of you think I should just let her get away with robbery, huh?

 

[nymphfyre]

I'd goto small claims court if I were you

You all should watch Judge Judy. I have never sen her rule against the person under whose name the cell phone was billed in cases like this. Why do you feel this guy would lose?

 

[hexeliebe]

Because Judge Judy is a Television show doofus. And this is real life.

 

[nymphfyre]

Oh real mature...should I now call you a poopy head?