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Can I make her pay the bill?
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Can I make her pay the bill?

When I was 18, I was stupid and let my best friend at the time create a cell phone bill under my name under the agreement that she would pay the bill monthly (I know, not the smartest thing to do), and she did for a while but then stopped and ended up having the phone turned off on her and stuck me with a $500 bill. She has said she would pay it time and time again, but we're no longer friends and I honestly don't think she will unless I bring her to small claims court. Is there any way that my case would stand up in court? Or am I pretty much screwed out of the $500.


    




David L
Rating
Anything you have in writing will stand up in court. Or, anything by her own admission will stand up as well. Sure you can probably get a judgement against her, but getting your money can be a different matter. If she is that irresponsible, don't count on it. However, I think you should go after her for the money. Take her to small claims court and take every tiny piece of documentation with you to prove your case.


opalescent_angel
You can take her to small claims court but good luck with that. If you don't have anything in writing it will be difficult. Perhaps if you have the bills to prove who was called but I'm not really sure.


netjr
Rating
When you were 18 you were suppose to be young and learning lessons; this one cost $500 so far but unlike the school type of education you can go to small claims and recoup your tuition from your "friend." Learn the next lesson - how to collect.


systematicalf
Rating
If you have a written agreement you can go to small claims court and get your money, otherwise you are screwed. :(


Ryan
Unless you have some written agreement, you are going to have to pay the $500. Hope you learned your lesson.


cherylincanada
If you haven't got the agreement in writing you're probably screwed.


Smilin' Jack
Rating
She'll never pay up. Take her to small claims court. Bring the bills.


bobanalyst
Eventually she will show up at your door with that $500.


Mark
Yes, you can make her pay the bill. However, you need to be able to prove that you and your friend had an agreement that she would pay the bill. Do you have any writing about the agreement? Were there any people present who were witnesses to this agreement? If you don't have sufficient evidence, you aren't going to prove an agreement to pay. In court, it would be a matter of your word against hers.

If you do go to small claims court and get a judgment against your friend, do you think you will be able to collect it? Does she have a bank account or tangible personal property that can be seized by the sheriff and sold at auction to pay the amount of the judgment? A court judgment is just a piece of paper unless you can levy an account or have assets seized for sale by court authorities.

It does not look encouraging to you, darling.


rare2findd
You say when you "were 18". How long ago was that. There may be a statute of limitations. Otherwise, take her to small claims court. you can file pro se. If she does not show, the judge may enter a judgment. Then you have a lot of choices,. If she works, use the judgment to obtain a garnishment on her wages. If she has a car or house, obtain a lien on it. If she has money in the bank, petition the courts to attach that also.


CindyLu
You have learned a costly lesson here. You had the phone put in your name so the bill is technically yours to pay even if she did make all the calls. Unless you have something in writing that states that she agreed to pay the bill even though it was in your name, you are just out that money. So Sorry but learn from this and do not be so trusting with you credit and your good name.


eric l
Rating
If you have canceled checks for her part of the phone bill this shows that she was paying the bill in the past This link would be enough to give you a majority of proof and win a small claims court case.


Jessica
Since the line is in your name, you are responsible for the bill. A judge would surely see that you would not just get a phone line for a friend and agree to pay for it too, but if there's no evidence that there was an agreement to pay, then it could go either way.

But just because you win a case and she's ordered to pay, either she has the money or she doesn't. If she doesn't, well, you can't get milk from a dead cow.


jesus
try to settle the amount you owe with the company ask them to help you with a payment plan if its ok instead of you going to court which is not needed they should be able to help you dont go to court settle this on your own your screwed sorry but at least your in good hands and your friend leave her or him alone dont talk to him or her amymore .


jenni
Rating
Try Judge Judy or one of those other Judge shows, I've seen people win in similar situations.


baja_man_2004
sorry for the situation you are in. you are stuck with the bill unless you had a written agreement with her. you can take her to small claims but i think the statue of limitatin is one year or 3 years but just pay for it and hope you learned your lesson. a real friend would never do something like that. good luck


TocIsCheap
I think it's worth the try. Small Claims is only an investment of $53 (or so) to file and a day off to go. She might even pay you once she receives the summons from the court.

It's easy to establish that you did this as a favor...

I'm not sure what the statute of limitations is, so check with the courts or on line to see what your state's requirements are.


bullwinkle
Get the phone bills. Match the numbers to a reverse phone book on the Web, and then go to small claims court.


producer_vortex
Rating
Take her to court.


maxmom
It sure will IF you have the bills and if you got an agreement in writing. If you don't have an agreement in writing, do you have a friend who was there (in person) when she agreed to pay the bill?


Sloan R
Try Judge Judy. She hates people that screw the ones that are helping them. I love to see her berate and holler at idiots.


UNCLE BEN
Rating
Great avatar!...what was the question?


Flower Girl
Rating
Your'e screwed!





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