If my ex, his father and I shared a phone contract and my ex promised to pay the bill but did not, what are my options?

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If my ex, his father and I shared a phone contract and my ex promised to pay the bill but did not, what are my options?

The phone contract is in my name. When he left, he knew I wouldn’t be working a lot because of school so he verbally offered to pay the phone bill. He had been telling me that he was paying it. Come to find out, he was never paying it and now I owe over $900. He also got a new contract so I now have to pay both of their cancellation fees. Since he agreed to pay, and since they left me with their cancellation fees, can I take him to court in order to make him pay? I have proof that he said he’d pay.

Asked on January 17, 2015 under Business Law, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue your ex for breach of contract for failure to pay the phone bills.

You can either seek damages (monetary compensation for the amount owed on the phone bills) or specific performance.

Specific performance would be your applicable remedy (instead of damages) since you want your ex to pay the phone bills.  Specific performance means the court judgment would require compliance with the terms of the contract (payment of the phone bills by your ex) as he had agreed.

You may be able to file your lawsuit for breach of contract in Small Claims Court.  If you win the case, you will also be able to recover court costs.  Court costs include the court filing fee and process server fee.


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