im 16 and i used my sisters phone WITH her permission. she was aware that some of the calls were long distance. my mom said she would pay the $100 phone bill, but my sister said she is taking me to court. can she do that since im under age?
Answers:
She gave her consent for you to use the phone.
Further, anyone who deals with a minor does so at their own risk.
Your sister would have to prove damages. However, since your mother has stated she would pay for the calls, your sister has suffered no damages.
Her suit is baseless.
I would hope that you two can sit down and reason together without having to go to court. Blood is thicker than water.
She most certainly can you are not that under age were you can't be taken to small claims court,and what gets me is why would she do it in the first place since she gave you permission to use it and the she said she said rule, would not work in court ether the judge would see this as siblings getting upset with each other and probably dismiss the whole thing so why waste the time even to go to court but if she decides to take you to court you are 16 you are of age to go to court so don't think u aren't you'd be mistaken.
She can take you to court to the extent that she can have you served with a summons forcing you to appear, but - in most states - it won't do her any good. As soon as the Judge hears that you are only 16, he will - again, in most states - throw the case out because you cannot, as a minor, be held to a contract, hence cannot also be held liable for a debt. Your parents are the ones responsible, and since your Mom has already offered payment, your sister could be held liable for vexatious suit. Finally, your sister is not being very smart about this because it is going to cost her more in court and sheriff's fees than she could expect to recover in damages. Hope this helps.
Is that the same sister you're baby sitting for? Does she pay you? If not maybe she should reconsider that court thing. But didn't your mom offer to pay? Does she know that? Then why is she complaining?Maybe it's a sign that you should go back to your parents and work things out. Think about it.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment