Legal Question in Credit and Debt Law in California

Re: sue

You can sue on a verbal agreement, but proof is going to be a potential problem. The fact that you each have a phone on that plan is going to help you prove the intention of the agreement - not many judges will buy a claim by the other party that you offered to give them the cell phone for free, but do be prepared to prove that you have been paying the bill. Small claims court is the place to file something like this.

I often tell clients who ask "can I sue" that anyone can sue anybody for anything they want. It takes some paperwork and some money, but otherwise nobody is going to stop you from FILING a lawsuit. Winning a lawsuit is a whole other matter. You certainly have what would appear to be a decent claim, but ultimately a judge will decide the case on the evidence presented, so go into this well prepared. Finally, have you made a formal demand for the money, and/or turned off the deadbeat's phone?

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