Legal Question in Credit and Debt Law in South Carolina
Cell phone bill
My ex is wanting money for a cell phone bill. I never signed anything saying I would pay the bill. He wants to take me to small claims court. What should I do? He does have a few emails but I am not sure if they would hold up in court. Please help.
1 Answer from Attorneys
Re: Cell phone bill
He'd have to prove an obligation on your part to pay the bill, either through a contractual undertaking or what we'd call "unjust enrichment" -- that you took the benefit of a service and should pay the reasonable value of it. Possible defenses include no contract (no consent to pay), arguing that the services were really a gift, duress, fraud, or any other contractual defenses.
In order to prevail, he'd have to serve you, and you'd have to appear before the magistrate to present your case. You can hire an attorney but aren't required to do so. Usually, the magistrate's staff is more than willing to answer questions about procedure and form, or direct you to the appropriate resource.
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