Legal Question in Civil Litigation in Massachusetts

cell phone bill

My boyfriend had asked me if I wanted a free phone; I said yes and I gave him my information, including my social security number. He got a cell phone, and gave me one also, all under my name. He had somehow signed up for both phones without me or my written consent using my info. He has racked up thousands of dollars in charges and ruined my credit (due to the fact that I could not pay back the charges on time). It was always understood that he would pay the bill,even though the phone is under my name; I was never supposed to be responsible for his bills. He swears he will pay me back, but after almost a year I have not seen a dime. Can I take this to small claims court and get my money back from him, because it was an agreement we had that he would pay the bill, not me, and I never officially signed or gave my permission to be signed up for the phones?


Asked on 1/02/03, 3:16 pm

2 Answers from Attorneys

Nance Lyons Law Office of Nance Lyons

Re: cell phone bill

Apparantly you don't watch "judge" shows on TV. If your signature was required on phone contract and it was forged, you have right to rescind contract. However, company will say you "authorized" boyfriend to sign name. YOu can also go to small claims court.

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Answered on 1/04/03, 3:24 pm
Daniel Gindes Law Office of Daniel Gindes

Re: cell phone bill

Yes, you may sue him in small claims court. You can also call the cell phone provider and dispute the bills on the basis that you did not sign the service agreement.

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Answered on 1/02/03, 5:22 pm


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