Ex's cell phone

[Ghouly]

Jurisdiction

Wisconsin

Shortly after Black Friday, my girlfriend decided to purchase a new phone from Verizon, and we agreed over Facebook messages that after she received it, she would give me her old phone. I payed the initial fee (taxes and such) for her new phone. She did give me her old phone upon arrival of her new phone. She had her old phone for about 7 months, but she did something to the line ("upgraded" it) so that it reset to the initial retail value just before giving it to me (so it's like a brand new used phone). She broke up with me a week and a half later. I have been paying to use this phone since, however, it's not under my name/account. I want to give the phone back and get my own phone (I don't own the phone... it's technically hers). She doesn't want to take it back because she can't afford the monthly payment or the cancellation fee. She has threatened to take me to court if I return it. My question is this: Can I legally give this phone back to her and not owe any fees (such as a cancellation fee)? Does she have any leverage over me?

 

[army judge]

What phone, mate?
There was no signed contract executed, was there?
It seems the DUMMY is stuck paying for BOTH phones.
Heck, why make a silly deal that offers you no benefit?
You helped her screw you.
I'd simply STOP paying on the phone.
The money you paid was nothing more than a gift.
You're free to stop giving tonight, if you so choose.
The GREEDY DUMMY might sue you, so what?
All you need to say is, you were paying the bill for her because she begged you to help her deadbeat, loser butt out.
You were just being a kind, generous guy by giving her money to pay her cell bill each month.

When she left you, you felt sorry for her, so you helped her by paying some of her cell bill.
That's just the generous guy you are, helping the financially unfortunates like her.

 

[Betty3]

If the phone (account/contract) is in her name, she would be legally responsible for any payments/fees due.

 

[adjusterjack]

Can I legally give this phone back to her and not owe any fees (such as a cancellation fee)?

Yes.

Does she have any leverage over me?

No.

Not if you have a spine.

Stop talking. Mail it back to her with tracking so you have a record of delivery.

And stop talking, stop talking, stop talking.

Get it?

 

[Ghouly]

So does it not matter that I agreed over Facebook messages to this? It's pretty clear in writing that I agreed to pick up the monthly payment on the old phone. I agree that I need to cut off contact with her. She made it very clear in a text that she knows my credit card info. Looks like I have to cancel that card immediately.

 

[army judge]

So does it not matter that I agreed over Facebook messages to this? It's pretty clear in writing that I agreed to pick up the monthly payment on the old phone. I agree that I need to cut off contact with her. She made it very clear in a text that she knows my credit card info. Looks like I have to cancel that card immediately.

Yes, cancel the card. Report a potential threat to your card's security as the reason.

FaceBook messages? You don't know nothing about that. Even if you did, it's not a contract. In the future, don't let anyone play you for a sucker.

 

[Ghouly]

Alright I'm just concerned that those messages could be used against me as she also has access to them. I realize that I didn't sign any contracts... She did. I just want to make sure that if she does take legal action that our messages wont make me obligated to pay like she says I have to. Thanks for your replies thus far

 

[army judge]

Alright I'm just concerned that those messages could be used against me as she also has access to them. I realize that I didn't sign any contracts... She did. I just want to make sure that if she does take legal action that our messages wont make me obligated to pay like she says I have to. Thanks for your replies thus far

You don't take advice from an enemy.
Sure, she wants to scam you more.
Why worry about any alleged messages she says she has?
What she can't do is PROVE you wrote those messages, unless you stupidly admit to writing them.
Even if you did, the messages alone don't constitute a contract.

Never base your case on how it helps the adversarial party.

 

[Ghouly]

Here's an update. I went to Verizon and talked to them and they assured me that I could return the phone to her and there would be no legal issues on their end. It's her phone and contract not mine. They said, however, that she could still attempt to take legal action for the cancellation fees possibly using the messages (they aren't lawyers obviously). They also informed me that I have been paying the retail value of the new phone (the one she has) while she has been paying the retail value of the old phone (which i have in my possession). This wasn't something we agreed upon. They used the word 'shady' to describe it. Again thanks for your response!