Legal Question in Credit and Debt Law in California

Re: Non-payment of Bill

In reply to your inquiry, let me offer the following:

Mr. Koury is correct; you have a cause of action

against the individual, and can litigate to recover

what you've paid out. I presume the amount is less

than $5,000.00, so small claims court will be the

way to go.

The "legal" theories would be a common count -

Money paid for the benefit of the defendant, as well

as breach of the agreement for repayment at $50.00

per month.

You'd need to credit the amount you've paid to the

cellular carrier by the total of the payments (albeit

intermittent) that your friend has made to you.

Be prepared to show the actual billings from the

carrier, correspondence from the collection agency,

proof that you made all payments and, however you can,

proof that she had possession of the phone during the

period for which you got dunned. Also, if you have

documents that prove that she did make some payments,

take those with you to court, as they support the inference

that she had agreed to pay you back under the agreement

you discussed. Of course, if you have a written agreement

regarding the payback, all the better.

Best of luck.

Feel free to let me know if you have questions or

comments. Now, let me give the "de rigeur" caveat:

The foregoing information is provided as an

accommodation only, and does not constitute legal

advice or a legal opinion based on a comprehensive

review of all relevant facts and documents, nor can

provision of such information be construed as

creating an attorney-client relationship.

Re: Non-payment of Bill

yes, you can take her to court.