Legal Question in Criminal Law in California

Someone owes me money, can I sue him and win in this case?

my brother's close friend got a hold of his phone and called internationally. The phone bill came in and I was shocked. The problem is, my brother GAVE that person the phone for safe-keeping before he left to the Marine boot camp. We did not expect him so abuse it. Are there any ways that I can win this case if I sue him?


Asked on 10/03/08, 12:52 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Someone owes me money, can I sue him and win in this case?

You posted this question under criminal law, but I'm not sure that a crime has actually been committed here. The phone was not stolen, since your brother willingly gave it to the other person. Whether using the phone amounted to theft of services will depend upon what your brother said the other person could do with the phone while he was gone.

Suing to recover the excessive charges is not a matter of criminal law, but rather one of civil litigation. Your brother might have a good case against the so-called friend, but I don't see how you would. The phone was his and not yours, and it is he rather than you who is responsible for the bills. Under these circumstances, I do not see how you would have standing to file a lawsuit.

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Answered on 10/03/08, 2:21 pm


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