My friend text message me on July 6, 2010 if I can have her electricity bill under my name because she said she would have to go file paper work so If I tell them that its under my name they won't have to file paper work and can activate the electricity over the phone. So I did, so i would call her every once in a while to call her and make sure the bill is being paid and she would say I'm gonna pay it I promise you. So about 3 weeks ago on September 13, 2010 I kept calling her to check up on things and she would not answer my phone calls. I called for 3 straight weeks with no call back or anything. So today I called the electric company and I gave them my social and phone number and they said they don't have an active record. So I was shocked and asked whats going on and they said they turned off because of late fees and was turned off on September 13, 2010 so I said well how much is the Bill and she said $ 853.35 I was really angry and furious so i went to her house but she was not there. The lights were on at her house but I think she was just hiding from me. It all made sense to me that's the reason why she has been avoiding me. She has electricity its just not under my name anymore. When she text message me on July 6,2010 these are the exact words she text messaged me from her cell phone "Hey did you want to call the light and see if they let you. I promise I will pay it in full. Today is the last day" I saved the message and locked it on my cell phone. Below the text message shows her name and phone number. So I was thinking that is enough proof for her to pay the bill because of mutual agreement. Do I have a chance to win a small claims court case? I know it was a mistake for me to do it, but it was because I felt sorry for her cause she lost her husband.
Answer by SCOTT M
You should win easily in Small Claims Court, but all you will get is a judgment against her. You will still have to pay the electric bill, and you could even be cited for fraud, although that's unlikely.
Don't EVER do business with your friends or family. You will lose your friends and, at best, alienate your family.
I hope your "friend" feels sorry for you when the electric company shuts off your power for the unpaid bill.
I know you were trying to help a friend, but if someone asks you to engage in a deceitful practice, you should know you're asking for trouble.
Answer by thylawyer
You will have to prove it is from her, and that "light" means electric company, and that you agreed to put the service in your name because she agreed to pay when the service was put in your name. You would also have to show that you paid the bill. You don't say if you even got a bill, much less paid it. You still have the problem of what "it" means, as in "I promise to pay it."
What do you think? Answer below!
Orignal From: Do I have a chance to win a small claims court case?
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