Oregon/Neighbor Pirated Cellphone

[eis]

my neighbor's daughter(<18 years old) used my cellphone to run up charges of $ 400.00 without my knowledge or consent.

We set 3 dispute resolution meetings to discuss conflict with parents, but neighbor failed to show for all 3 meetings after agreeing to mediation.I have letters from resolution group documenting the scheduled meetings.

do I have a case for small claims court?

are parents responsible for daughters calls.

how do I prove calls were made by neighbors daugther?

the people called were unknown to us but when contacted admitted it was neighbor's daughter that called.I doubt if any will give us any written documentation or make an appearance.

 

[eis]

someone has to have an opinion on these points before the post slides away into the black pit.


pretty please!

 

[JETX]

Okay, here goes...

Q1) "do I have a case for small claims court?"
A1) You certainly have a cause of action and it can be filed in Small Claims.

Q2) "are parents responsible for daughters calls."
A2) In this case, yes.

Q3) "how do I prove calls were made by neighbors daugther? the people called were unknown to us but when contacted admitted it was neighbor's daughter that called.I doubt if any will give us any written documentation or make an appearance."
A3) Ah, that is the big problem. You are the only one who knows what evidence that you have. If your only evidence is what the called parties say, you may very well have to subpoena them to get them to court to testify.

 

[eis]

Thanks for the reply.I do appreciate it.

I just found out,from the handbook for small claims court that I do indeed have the right to subpoena these folks into court.

I now have to decide if it is worth the hassle and cost to do so.

I live in a small town and the number of people involved would be quite large.It obviously would make me most unpopular.

It has become more a matter of principle than money ,however,so I think I must proceed if the threat of court action alone does not carry the day.

Again,thanks!

 

[eis]

Yahooooooo!

I won! In the resolution phase without going to hearing.