QUESTION
Can I take my ex to small claims court for a bill and use his text messages as evidence?
Asked on Mar 17th, 2016 on Bankruptcy - North Carolina
More details to this question:
My ex and I had an agreement over text messaging for him to continue to paying the cell phone bill. He stopped paying it in December and opened a new cell phone account with another company without letting me know or paying off the bill and taking his devices off. I am now being sent a collections bill. Can I take him to small claims and use the text messages to win the case without paying the bill or try after I have paid the bill?
1 ANSWER
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Maybe. The key is what legal premise you are basis this on. To sue, you have to have a legal claim. It sounds like you want to argue there was an agreement (contract). For this to exist, you both have to agree and it can't be one sided...i.e...you both have to promise to do something. If he promised to pay the bill, you have to had promised to do something in exchange.
Answered on Apr 15th, 2016 at 4:31 AM