[mellisa]

Hello Every One,
My question tonight is about suing in small claims court.. Really its more about what am I allowed to sue for..
I entered in to a verbal agreement with a old friend of mine to help him out.. Honestly to help him stay out of jail. He was on house arrest and needed a phone so I said that I would set up a phone for him in my name and he promised to pay the bill. The phone was to be disconnected when his house arrest was over.
Well come to find out after about 3 months I called the number and it had been disconnected so I thought that he had made good on our agreement.. I was so wrong..
This happened in the early summer of 2005 this summer 2006 I went to buy a new car and of course had my credit report pulled and on there shows that I have a outstanding phone bill that has not ever had a payment made. Can you even imagine my credit score..
So long story short When I found this out in June I have made 5-8 phone call to his cell phone number that my brother got for me.. And all I got were promises to pay, finally I said that I was filing small claim forms he right away brought me 100 dollars and I gave him a receipt with the promise to pay the rest within two weeks. So its been months. I called him again today and told him that I was filing. So I am filling out these forms and I was wondering in addition to what he owes me can I sue for the stress that this has caused me and for ruining my credit report?? Oh and I paid the bill and have all written letters that I sent him requesting payment and I have a copy of the receipt saying that he paid some and the rest is due and I also have the paid in full recept from the collections company.
Thank You for helping sorry so lengthy.
Mellisa

[ScottGem]

First, you should go down to your local small claims court. Most have a booklet that explains what you can sue for, what the limits are etc. You might be able to find a copy of the booklet online.

Second, I believe, small claims court is limited to quantifiable damages. So if you can show that your loan rate was 2pts higher because of the damage you might be able to sue for that.

But really, do you think you are going to get any money out of this loser? Sure you may win in court. But that's just half the battle. Next you have to collect. That means YOU have to find the guy's assets. Do you really think he has the money and just doesn't want to pay up?