Outrageous phone bill...

[Red Benny]

A friend of mine had really bad credit so I helped her out and signed up a cell phone for her. The account was in my name, though the bills were sent to her address. I get a call from the billing company telling me that no payments have been made and that the account has a $986.39 past due ammount. I have no written contract, would a verbal contract be considered valid? I have witnesses, I just want to know if I have a case or if I'm plain out of luck.

Randy in California

 

[I AM ALWAYS LIABLE]

My response:

You have a good case - - just poor judgment in choosing friends.

Gather up the bills from the phone company, and go file your Small Claims court lawsuit. Bring the bills to court with you on the date of the hearing.

IAAL

 

[Red Benny]

So, even though the account is in my name, I have a case? What evidence should I present? I'd really rather avoid court, but I suppose I have no other choice, because I don't have $1000 just laying around.

You're right about me choosing friends, that's something I need to work on.

Thanks for the help.

ps- ok, really stupid question, how do I go about filing a small claim?

 

[JETX]

Wait, methinks you are confused.

The case that IAAL is referring to is against your friend to recover your 'damages' (costs paid on her behalf). IAAL is correct, that you MIGHT have a case against her, IF you can show the court that there was an agreement that she was to pay the bill for the phone in your name. IAAL's suggestion was not directed at the phone bill.

As for the phone bill, YOU will have to pay it since it is in your name and your credit history is on the line. Then, when you have paid the bill, you can take your proof of payment with you to court to show that you have indeed been 'damaged'. (This also has the side benefit of making sure your judgment is for the full amount of damages, including all penalties and interest when paid in full.)

Now, for your final issue... go to a large library or bookstore ( http://www.bn.com/ ) and get a book titled "How to Win in Small Claims Court in California". It will tell you all you need to know about the process and collection.
Also: http://www.courtinfo.ca.gov/selfhelp/smallclaims/#

 

[I AM ALWAYS LIABLE]

My response:

Exactly . . . and thanks for cruisin' on in, good buddy !

IAAL