Law Suits of people not on Creditors

[thelitman]

Just a general question. I have this friend, and we are not friends anymore. Anyways she got a cellular phone while we where dating and was put in her name. while we where together I paid her bills for everything. This was 3 years ago. Anyways we broke up, and it was not my responsability to continue to pay her bills, and her cell phone was cancelled after she ran up charges to over $2,000. She stopped paying it and moved. Well anyways 3 years later which was yesterday she got a letter from the collection agency and it said she owed 2,000 plus interest plus collection fees. Now 2,786. She called me and thinks I should pay it, and says if I don't she will start a law suit. and even though I am confident that if she tried to sue me she would not win, since it was not in both of our names, it was in her name only my question is this..........

I did not add her to my bk, because I had no idea she was trying to sue for something until yesterday. My bk will be discharged tomorrow the clerk said. Since the thing she is trying to sue me for was way before my bk wouldn't I still be protected even though she was not on the list of creditors? or am I at fault for not listing her? I had no idea she would try to sue for something so stupid. I filled pro se before oct 15 so I do not have an attorney to ask, nor can I afford to pay one. so any help would be awesome.

Thansks a lot.

[Minnymouth]

DUH - if the cellphone is in her name only and the bill comes in her name only.... what makes her think its your bill?????

If she can't pay her cell phone bill where she going to get the money to sue you with????

She's just trying to be "cute"......... no legal leg to stand on...

Bill's HERS..............NOT YOURS......... unless your name is on the contract.......

[thelitman]

Thats the same thing I thought no way for her to sue, but I just get nervous whenever people mention law suits, and with todays law system, it seems people can sue for anything and win most of them time. So with me knowing nothing about law except for a little bit in bk, whenever someone mentions that I freak out.

Thanks for your help..

Even if she did have a law suit I still didn't think it would mater since I filled BK.

Thanks again. it is going to be nice to be debt free.....

[AMISLANDER]

My thoughts...

This is where the plans with "friends & family" don't work...

I put my boyfriend on my "family" plan...although his calls on detailed listing are under his number and his name; the bill comes addressed to ME.

Now if I get mad at him because he doesn't pay his share of the bill...I just tell them when I'm paying the bill to leave his # shut off...let me tell you how fast I get $ on that one...I think his phone should have a flip-ear!

There must be some small print somewhere in re: to these "plan" phones...

And, what's really weird: when I checked my credit report on experion, they had the phone carrier that I now have, as having written off bad debt to over four years ago & yet I've been with them now, over two years and no mention has ever been made of the previous debt...?

[StaciMM]

If you receive ANYTHING regarding a lawsuit, don't ignore it. Contact the court that sent it and find out what you need to do to file an answer (such as, the account was not your responsibility and you never agreed to accept responsibility for it).

Anyone can sue anyone, for anything. What you don't want to do is ignore it-that could lead to a default judgement. If its a one sided he-said-she-said, the court will rule for the one who speaks up.