Legal Question in Credit and Debt Law in Virginia
verbal contracts cell phone
In October of 2006, I added a phone to my cell phone plan. The purpose being, that my friend could have a cell phone and pay less than that of a prepaid phone. He agreed to pay, and did, the buyers premium of $49, plus he purchased some accessories. I let him know at that time that the phone was mine, even though he paid the premium, which I signed a 2 year contract on. We agreed that he would pay half the bill plus whatever other charges he incurred, whether it be premium or overage charges. Now he owes me for two month, as of March 27 it will be three months of bills, which I cannot afford to pay alone. What can I do, or should I do? I have written an agreement for him to sign, is that good enough?? What if he is not willing to sign this agreement/contract??
1 Answer from Attorneys
Re: verbal contracts cell phone
Of what utility would such an agreement likely have, given what's already happened? (Three months down the line, if not sooner, he'll simply be again in breach of the agreement.)
A more realistic approach would be to make a formal demand that all delinquent payments must be brought current by March 27, 2007, or service will be terminated. Then if the back bills are not caught up by that time, tell your mobile phone carrier that you want a new service plan with a new phone number that will not include your (possibly former)friend.
And, whatever amounts still remain due and owing to you from this phone account on the part of your friend, you could sue for in small claims court for around $40.
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