Legal Question in Civil Litigation in Georgia
Stepdaughter made unauthorized charges on cell phone
Stepdaughter who was 18 & now 19 at the time made unauthorized charges on cell phone. I provided both kids with cell phones for use in emergencies. She ran up ''text message'' charges $70+ a month. Told her she needed to reimburse expense but didn't & told her to stop msgs. Had carrier adjust bill to have flat charge for text msgs. Then she made download charges at $50/month in addition to continuing text msgs. Total bill I had to pay because phone was in my name was about $300. When she pulled it again in January bill I cut off the phone & had her bring it back to us. Gave her list of charges and told her to pay by 4/15. Still no money received. Can I take her to Magistrate Court and force payment or garnishment to get money back? And if I can, do you think that the Court would side with me.
1 Answer from Attorneys
Re: Stepdaughter made unauthorized charges on cell phone
The reality is that you will have a hard time getting past the fact that you provided the phone to the stepdaughter, and you let her keep it even after she ran up charges. It is hard to say whether a judge would rule in your favor, but I can tell you from experience that a Judge would not like to see family members in court fighting over $300.