Legal Question in Credit and Debt Law in Pennsylvania
My friend owes me about $2200 for the cellphone bills as we had a sharing plan and I was the primary account holder. I paid the monthly bill myself and since he had student loans I had the hope he would pay me back as he found a job. But now he has graduated and moved to a different city in the US and doesn't respond to my emails nor does he pick up my calls and has no gratitude for altruism. I have also heard of similar stories about this person from my other pals. I don't even have his address now. I am myself a a student and this is no small amount to me. This person needs to be taught a lesson.
1 Answer from Attorneys
So? What is your question? No good deed goes unpunished.
You have learned a valuable lesson - don't do this ever again.
You were the primary account holder and you are responsible as concerns the cell phone plan.
Regarding your situation with your now ex-friend, what evidence do you have that he owes you anything? Do you have a signed contract? Did he ever make any repayment at all? If so, did he pay by check and write something in the memo line like "repayment of cell phone bill?"
If you have nothing, then its going to be very difficult to prevail. I said difficult, not impossible. The question is, how much are you willing to spend on this? Anyone can be found - if free sites like www.zabasearch.com don't work, there are always paid sites, like www.intelius.com or others. Failing that, there are private detective agencies who could locate your friend within a very short period of time for little cost.
You will need to locate him for further collection activities. Once you find him, I would suggest paying a lawyer in that city who does consumer-type law to send a strongly worded letter. Pay the lawyer for this - should not be all that expensive. It may do the trick. If it does not, then you have to decide whether you wish to pursue. If so, you may ask that the lawyer follow up by filing a small claims court action. Sometimes, this will result in the entry of judgment without you having to go for a hearing . If a hearing is scheduled, you will have to attend - a lawyer can represent you but not testify for you. If its small claims, I would suggest saving attorney fees and not having the lawyer actually show up. You should be able to do it on your own.
If you succeed in recovering a judgment, great. Most states have wage garnishment (all but PA, NC, TX and SC). Again, have the lawyer help you with collection - like seizing bank accounts or other assets owned free and clear and wage garnishment. This is not something you should do on your own. Any judgment would be reported on his credit report and if he someday wanted to buy a home or get financing, he may need to get the judgment resolved.
Your next question is probably whether you can recover attorney fees and any costs, like to hire a private detective. The answer is no unless you have a written agreement providing for it which I am guessing that you may not have because you trusted this guy.
If it is not worth it to pursue, I would limit your losses and maybe pay as lawyer to send him a letter. While you need to be prepared to follow through if the letter does not work, then you should just call it a day and eat your losses,. Realize that not everyone is as altruistic as you.
There is something which I like to call "karmic justice." If you want a less new-agey feel then "what goes around comes around." Somewhere somehow your ex-friend is going to screw over the wrong person who will have the money and resources. You learned a lesson, but you know the kind of person you are. While I would suggest being a bit more selective in the future, you are someone that tried to do the decent thing and I hope that you will continue being that sort of person. As I said, "what goes around comes around." So when you do evil, it returns to bite you. But when you do something good, that also comes around to benefit you, many times in ways you least expect.