• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is this Legal or Illegal

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Gryff_Endoor

New member
I am 21 years old and I have a legal family question. My employer had to run an off-cycle check to pay me because it didn't go through the first time. Since I didn't get paid, I notified my mother that I wouldn't be able to pay the phone bill until I got payed. She was understandable at first, but now she's giving me a hard time. I need my phone for work, school, and personal reasons. She decided to take the phone the night before this post, and when she wasn't around, I went to where she probably hid it, saw it, and took it back. As of the date of this post, she's threatening to call the police and accuse me of "stealing" from her, however I pay that phone bill every month. I'm not on time this month due to my employer, however, I always pay the bill. My question is, can she successfully accuse me of "stealing" the phone if the phone is mine and I pay the phone bill?
 


Just Blue

Senior Member
I am 21 years old and I have a legal family question. My employer had to run an off-cycle check to pay me because it didn't go through the first time. Since I didn't get paid, I notified my mother that I wouldn't be able to pay the phone bill until I got payed. She was understandable at first, but now she's giving me a hard time. I need my phone for work, school, and personal reasons. She decided to take the phone the night before this post, and when she wasn't around, I went to where she probably hid it, saw it, and took it back. As of the date of this post, she's threatening to call the police and accuse me of "stealing" from her, however I pay that phone bill every month. I'm not on time this month due to my employer, however, I always pay the bill. My question is, can she successfully accuse me of "stealing" the phone if the phone is mine and I pay the phone bill?
What state?
 

not2cleverRed

Obvious Observer
Along with what state are you in, how old are you and do you live in the same home as your mother?
Per the initial post, Gryffendoor is 21.

I am 21 years old and I have a legal family question. My employer had to run an off-cycle check to pay me because it didn't go through the first time. Since I didn't get paid, I notified my mother that I wouldn't be able to pay the phone bill until I got payed. She was understandable at first, but now she's giving me a hard time. I need my phone for work, school, and personal reasons. She decided to take the phone the night before this post, and when she wasn't around, I went to where she probably hid it, saw it, and took it back. As of the date of this post, she's threatening to call the police and accuse me of "stealing" from her, however I pay that phone bill every month. I'm not on time this month due to my employer, however, I always pay the bill. My question is, can she successfully accuse me of "stealing" the phone if the phone is mine and I pay the phone bill?
You are a legal adult. Unless, of course, you have a cognitive disability to the degree that your mother has legal guardianship of you. Do you?

If the phone's account is in her name, then she owns it, not you.

Establish your own credit, get your own bank account, and get your own phone.

Frankly, I feel that Hufflepuff is grossly underrated. Honesty and hardworking is more meritorious than foolhardy daring, especially since yours has the absence of chivalry Gryffindor is known for.
 

PayrollHRGuy

Senior Member
She can on the phone without the account being in her name. My phone is my personal property. The account it is on is my employer's. If I were to leave today I'd take the SIM card out an go get another.

I asked if she lived at with the mother because, if not, and she illegally entered there is a whole other criminal issue.
 

Taxing Matters

Overtaxed Member
If the phone's account is in her name, then she owns it, not you.
Not necessarily. Ownership of the phone and the person to whom the wireless service is registered may be different. The question here would be who owns the phone. We don't have the facts to know that for sure, though the OP does state that the phone is his/hers. What the mother clearly could have done is terminate the service since that is in her name.
 

LdiJ

Senior Member
People don't even need credit to get a prepaid phone and service. Anyone can get one on a prepaid basis.
 

Shadowbunny

Queen of the Not-Rights
My question is, can she successfully accuse me of "stealing" the phone if the phone is mine and I pay the phone bill?
Apparently she has already successfully accused you of stealing. However, if you're asking whether she can report you to the authorities or not, the answer is of course she can. They would most likely take a report (if that) and then give it no more thought.

But since you're working, the way to fix this in the future is to pay for your own phone.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top