Legal Question in Credit and Debt Law in Florida
Must a contract be signed to hold up in court?
I recently had a cell phone contract in my name which was still under it's one year contract. Not liking the service I switched to another service provider and allowed my friend to take my old phone in agreement that she would pay the bill. To summerize everything she accumulated a $150.00 montly charge. the normal bill is 39.99 plus tax. She not only went over her minutes but had long distance charges as well. When I asked her to pay it she refused saying she couldn't have used that many minutes. I showed her the bill but she still refused. If I take it to small claims court, will it hold up being that the account is under my name and she never signed anything. The evidence I do have is a two cancelled checks, one from the bank where she paid me for the used phone I sold her, and the other is a payment to Nextel for the previous months bill. I can also document where the number was changed from my old number to her cell phone number. (She wanted her number on the Nextel phone) This will show the judge that obviously she was using the phone because why else would she make payments on something she wasn't using? Her only defense is she never signed any contract so it's all under my name so she can't be held liable for anything.
1 Answer from Attorneys
Re: Must a contract be signed to hold up in court?
The evidence you have is strong to support your claim that the two of you had an agreement and that your friend was unjustly enriched by using the phone and not paying for it. Ultimately, it will be for the judge to decide whether your friend will be required to repay you and if the evidence is sufficient since there is not a signed agreement.