What is the name of your state (only U.S. law)? Iowa
I bought my 17 year old daughter a cell phone a little over a year ago. In April, that phone was eligible for an upgrade. I got the upgraded phone and a couple of weeks later my daughter moved out of my house. She now lives with her father. Before she left, I had a discussion with my daughter concerning her misuse of cell phone privileges. I warned her that if the excessive charges continued, I would turn off that phone. After she moved, the second bill came with even more charges than the first. I suspended service on the phone but because I had to set up a new 2-year contract to get the upgrade, I am still paying the monthly charges on it. I would cancel the contract but that would cost me $250 in early cancellation fees. I've asked for the phone to be returned to me (at least 6 times) but my daughter just says, "I'm not sure where it is." I have written her and her father a letter explaining that they must return the phone or pay the monthly charges or cancellation fee. I've received no response.
My question is...Can I take this to small claims court and if so, do I have to wait until my daughter is 18 before I can do this?
Thanks for any help. I know that some of you might think this sounds petty but I'm a single mother of 6 kids on a VERY limited budget. I can't afford to pay $20 a month for nothing.
I bought my 17 year old daughter a cell phone a little over a year ago. In April, that phone was eligible for an upgrade. I got the upgraded phone and a couple of weeks later my daughter moved out of my house. She now lives with her father. Before she left, I had a discussion with my daughter concerning her misuse of cell phone privileges. I warned her that if the excessive charges continued, I would turn off that phone. After she moved, the second bill came with even more charges than the first. I suspended service on the phone but because I had to set up a new 2-year contract to get the upgrade, I am still paying the monthly charges on it. I would cancel the contract but that would cost me $250 in early cancellation fees. I've asked for the phone to be returned to me (at least 6 times) but my daughter just says, "I'm not sure where it is." I have written her and her father a letter explaining that they must return the phone or pay the monthly charges or cancellation fee. I've received no response.
My question is...Can I take this to small claims court and if so, do I have to wait until my daughter is 18 before I can do this?
Thanks for any help. I know that some of you might think this sounds petty but I'm a single mother of 6 kids on a VERY limited budget. I can't afford to pay $20 a month for nothing.