Legal Question in Credit and Debt Law in Pennsylvania
I currently have a cell phone plan that has my sister and niece on it with me. My sister makes a monthly payment to me for the two phones. The last two months she has not made a payment and all i get is excuses for why she cant pay. So my question is do i have any legal ground to stand on to take her to the magistrates to get my money? Also, there is an early termination fee of $350 per phone. Thanks
3 Answers from Attorneys
Sure. Do you have a written or oral agreement and do you have a record of the payments that she used to make?
Good luck to you.
If you are the account holder then YOU are primarily liable for the bill. When does the contract end? When it ends, I would make sure that the contract is not renewed. If the contract will not end for quite awhile, then you may want to consider paying the termination fee so you do not get stuck paying for her cell phone calls.
Before you jump on the lawsuit bandwagon, I would have a frank discussion with her and follow up with a writing. I would advise her that unless she pays what is past due and for her current usage going forward that you are going to terminate her phone line/plan and sue her for the past due sums. Give her 10 days to respond. You might want to find out what is up with her and why she is unwilling or unable to pay. If you do not hear back from her in 14 days, then I would move to shut down her plan immediately and pay the termination fee if you have to. I would then sue her in small claims if she resides in GA. You sue her in the county where she lives. You sue for the cost of termination as well as the past due sums owed. It will help if you have information indicating that she agreed to be responsible for her phone charges (copy of past due payments may suffice). You may or may not have any kind of written agreement. If you succeed in getting a judgment, its up to you to try and get it enforced by seizing any non-exempt assets that she has or garnishing her wages if she works for someone.
However, suing your sister is not going to get you invited to her house for the holidays and may end up causing a lot of ill feelings in the family. However, you need to do what is best.
OOPS! My mistake - I thought you were in GA, not PA. If your sister lives in PA, you can still sue her in small claims court in the magisterial district in the county where she resides. However, if you recover a judgment, then there is no wage garnishment. However, you will need to either see if the magistrate can set up a payment plan or talk to a collection attorney about enforcement of any judgment.