Legal Question in Civil Litigation in Pennsylvania
small claims
My wife's younger brother was on our cellphone plan. Every month getting his money was a hassal. This month she texted him six or seven times and never answered so we suspeded his service. Now says he wont pay his bill. Can I get the money? The phone (or retail value)? Early termination fee?
The only proof I have is witnesses that know he owes and text a message from his other sister that says he wont pay.
1 Answer from Attorneys
Re: small claims
Yes, you can go to the local Magisterial District Justice and file a claim against him. Your evidence will be your testimony and the testimony of your witnesses. You can also testify about his earlier payments or give proof of these because they add credibility to your position that you had an agreement. You can try to recover all of your expenses which relate to his failure to honor his word.
A word of caution. Make sure you want to invest the time and money. If he loses he can appeal. If you win you still have to figure out how to get the money from him. The court will not collect it for you. Your best bet may be to make the best deal you can before the hearing.
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