Legal Question in Civil Litigation in Georgia
Money owed on cell bill
I did a favor for what I thought was a ''friend'' and he/she has now decided they don't want to pay the bill. I do have a written agreement signed by this person and myself. It states that he/she is responsible for any and all charges pertaining that particular number including cancellation fee charged by the cell company. I am getting an affidavit from someone else that this person has done the samething too but they didn't have a written agreement. This person in now claiming they are going to sue me for harrassment and defamation of character. By having the written agreement I think I've covered myself but do want to make sure of that? Also, can this person countersue because I'm filing against them? I did call and leave messages for this person in an attempt to collect a debt. It is also my understanding that in the state of GA, when you have received services that aren't paid for and are over the amount of $500, this becomes felony theft by taking. Is this true and can I take our a warrant for arrest? Any advise would be greatly appreciated.
1 Answer from Attorneys
Re: Money owed on cell bill
It sounds like you have a number of issues that need to be sorted out, but I can tell you that any defendant has the right to counter sue. Of course, they need some cause of action, i.e. some basis for the claim. If criminal activity is involved you can request an arrest warrant as long as it is based on evidence and not malice.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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