Still unsure if I should file...

[garfield5]

Still unsure how I should proceed... cell phone charges or everything?

I am writing from California. I purchased a cell phone for my wedding coordinator back in December 2000 as a Christmas gift. We have been trying to get the phone transferred from my name to hers, however the phone company has been giving us excuses. Both of us have now agreed that we should just cancel the entire thing, however there is an outstanding balance of $471. Supposedly she has sent a $150 money order in to them, that has not been cashed for 2 months. I called her again today to see how we can move forward and she basically told me to stop calling. She used to live in California but moved in January to Arizona. I am ready to take her to small claims court for this portion, but she also owes me for money from the wedding that includes hair styling, make-up and etc. I am concerned that if I bring these elements into court, it will allow her to countersue me for anything from the wedding (even though I do not think there is anything she can... as I was prompt in paying for everything). My question is, should I include everything or just for the cell phone. Also, should I file here or in Arizona considering the phone was purchased from here.

Thank you in advance for everything.

[Edited by garfield5 on 06-20-2001 at 02:02 AM]

 

[Third Party]

Include it

Apparently you feel she could sue you for something concerning the wedding... If you think about it, if you take her there for a cell phone, she will be digging up anything within the statue of limitations that she can find. The money you are talking about is barely worth going to court over. I assume you are suing for 1/2 of $471. With that low amount, if she owes you anything else, add it to the bill. You will have to go to Arizona for the case, which will add to the expenses. (You cannot sue for travel expenses.) So again, include the wedding expenses if they are legitimate, and you will need to file in Arizona. Why Arizona?
"That way if/when you win, you have a judgment where (her) assets are, so you can enforce the judgment."
- Thank to Halket for his past post (above quote)


A$$ Saver aka…
Disclaimer:
I hope this is tidbit of fiction is helpful. Again, I am not an attorney. Do not perceive this as legal advice. You should consult an attorney to answer your questions. Do not rely on this advice. Forget you ever read it. You are not a client. I am not an attorney. This is merely babble in the wind.