Here's the situation: My friend helped me out by getting me a phone under his plan because my credit would have caused me to pay $ 400 down. He went (without me) to the phone company and got me on his plan. He gave me the phone and told me it was for a two year plan. I signed nothing. I kept up my bills and in the middle of the 2 years he gets married and then tells me that his new wife wants me off his plan because she wants it to be the two of them only. I ask him if I can just stay and he tells me no. I get a prepaid phone and tell him that I'll make payments to him to pay off my remaining balance of my bill which is just over a $ 100. He demands that I pay the fee for break out of the 2 year contract for $ 175 because he helped me out. I tell him no and that I don't have the money for the fee especially since he wanted to break the contract, not me. I even tell him I'll give him the phone back. He threatens to take me to court for it. I've never signed anything and the bill goes directly to him and not me. My name is on NOTHING. Our agreement was verbal only. Legally can he sue me and would he have any chance of winning this?
right now we're at the one year mark of what should have been two years. Prior to getting married, he had never mentioned wanting me off his plan. His wife, of several months, wants me off. I told him I'd definitely pay my bill as far as usage and give him back the phone, but not on the breakout fee. I told him to ask his wife to cover the break out fee since she wanted it that bad. I think I'm ethically being fair since I'm not leaving him with my bills as well as the break out fee
Answer by Caoedhen
Yes, he can sue you. I'd say pretty slim odds of winning, but just like in football, anything can happen.
Answer by Teekno
No.
Your friend has materially changed the agreement, and would not be able to successfully sue you for the money.
You're willing to continue to be a party to the agreement, he's the one that's reneging.
Answer by Designer~Wife
Anybody can sue you for anything - But he won't win. I wouldn't pay the fee either, it was not your decision (or preference) to break the contract it was him and his new wife that did that.
Answer by ShtHammer
HIS ACCOUNT.... HIS DECISION ..... HIS LIABILITY.
That being said, he did HELP YOU OUT for 2 years and his wife's request is VERY FAIR.
The DECENT and MATURE thing to do is to say thank you and YES, you should be willing to pay the fees for taking you off... which the phone company will probably waive IF you move the phone over to your own policy.
No, he can't sue you, but you are letting the "almighty dollar" destroy your self-respect. If you didn't want his "gift".... you were rude for accepting it for the last 2 years.
Answer by WRG
You by verbal agreement are in the contract for two years and owe him whatever is your part of the contract. And according to you, you have kept up your end of the bargain and plan to continue to do so.
If he wants to end the contract prior to that two years and there is a cost to it then that is his problem. No court in the world is going to make you pay for it. In fact they might make him continue for the full contract even if he is willing to pay the notice.
Answer by Ruth P
No, legally he has no chance of winning this but ethically you should at least share the cost of breaking the contract. It is admirable that you paid your share of the bill all along, but he does have the right to take you off the family plan since he got married. You should give the phone back and his wife can use it. If there are any outstanding charges on that phone, you have an obligation to pay those.
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Orignal From: Q&A: How much legal liability do I have as a person on someone's family share phone plan?
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