Legal Question in Credit and Debt Law in California
Non-payment of Bill
I had got a friend a cell phone in my name. She did not help pay for the bill and I got sent to collections for the bill. I borrowed money from a friend to pay it off. I have asked her for $50 a month she pays it basically when she feels like it. Can I take her to court? Please help I very frustrated with this.. We also made a agreement of the $50 a month.
2 Answers from Attorneys
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.