I let a friend borrow my cell phone that still has a 2 year contract on it and they sold it to someone, what can I do?

Get Legal Help Today

 Secured with SHA-256 Encryption

I let a friend borrow my cell phone that still has a 2 year contract on it and they sold it to someone, what can I do?

My ex needed a cell phone to use so I told her if she would like to use my other line and just pay half the bill then she won;t need to run off and get her own right away. I have a contract on the phone still and need it back now because we are no longer together. She went and traded it in to get her own phone and plan. I’ve asked her to get me the phone or to give me money to get a new one to replace it. She said she took it as a gift so she thought she could do what she wants with it. But she know it still had a contract on it. What can I do?

Asked on December 14, 2011 under Bankruptcy Law, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You could sue her for the cost of the phone and/or the money you owe under the contract; but it may not be worthwhile to do so. The issue is, if there was nothing in writing, it is just your word that it was a loan versus her word that it was a gift; since you're suing her, the burden in on you to prove your case, which means you'd need to prove that it was a loan by a "preponderance of the evidence," or that it was more likely than not. If it's just your testimony against hers, then you have be more believable than her to win. If the amount of money you have lost and/or are exposed for under the contract is just a few hundred dollars, you have to weigh your time and the cost of filing (though in small claims court, it's small--usually $25 - $50) versus what you hope to recover, balancing in that winning if probably a 50 - 50 shot at best. If you do decide it's worthwhile, then filing a lawsuit in small claims is probably your best bet.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption