Legal Question in Real Estate Law in Michigan
Being sued in small claims court
This is what happened. about 2 years ago and the plaintiff and i were good friends. she had a cell phone in her name the plaintiff lent me her phone for about 3months. I told her that i would pay what i used of it. And I did, I paid for a money order for the amount of the bill and I gave them to her. I didn't fill them out nor did I sign my name on anything related to that phone. After about 3 months I asked the plaintiff if she would please cancel the phone It was left at that. I had asked her to cancel the phone and I�d pay the cancellation fee.2 years later the bill is up to $600 and she�s suing me for $700. The allegations she has against me are false. I never ran up the bill nor did I tell her i was continuing making payments. She had never brought this up to me until i got served with this claim. I need some advice on how I can prove and hopefully win this case. I do not owe her any money.
1 Answer from Attorneys
Re: Being sued in small claims court
Eh...the hone is in HER name. She's responsible for it.
If you didn't use the phone, her lawsuit is frivolous. Use that word in front of the judge, but make sure you didn't run up a penny of those charges.
Cell phone bills come with a listing of cell phone calls. It's her phone, she has to prove you had the phone or access to the sim card.
You can mediate this, but if none of the charges are yours, then there's no harm in going to court (other than the time it takes from your day).
What doesn't work for me is that you asked her to cancel the phone. Why would you do that if you weren't responsible for it? THAT doesn't quite make sense and implies that you did in fact have access to the phone and/or used it.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
