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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101935
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am a T-Mobile customer. A T-mobile employee stole my sim

Resolved Question:

I am a T-Mobile customer. A T-mobile employee stole my sim card electronically. He made international calls. I will be credited for these calls,but I do not feel protected. I made a police report and the T-mobile fraud dept. is investigating. I want to hold T-mobile, the phone store where the employee committed this crime , and the actual employee that did this accountable for the damage. Do I have a case?
Submitted: 7 years ago.
Category: Legal
Expert:  Ely replied 7 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



You do.
Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).



You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.



It takes too long to explain all elements of each cause of action, but from my knowledge, you have a lawsuit for the following causes of action against both the employee and the T-mobile (since the employee did this while acting as a T-mobile customer): negligence, negligence per se, fraud, chattel theft, and libel.

Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.



If the hearing is by Judge (“bench trial”), the Judge decides. If the hearing is by Jury (“jury trial”), a majority of the Jury has to decide towards one way. Although a lawsuit is automatically set up to be heard as a bench trial, either party can request a jury trial. Defendants usually prefer a jury trial since it’s harder to convince a few minds, rather than one.



In the end, the Judge or Jury that decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation. Note that if you win, you may also get your legal fees and attorney fees tagged unto the award.



Know, however, that 85% of such cases are resolved with a stern demand letter from your attorney and perhaps a draft petition included with it. That usually scared them to make a deal to avoid litigation. When you hire an attorney, make sure to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial). I can help you find an attorney in your area who specializes in these kinds of matters if you'd like.



Best of luck in your matter! I'm here if you need any more clarification or follow up info. I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to be paid for my work. Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”






















Ely and 4 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
Thank-you for your help. Can you give me a name of an attorney in my area that specializes in this? I live in Mamaroneck,NY zip 10543
Expert:  Ely replied 7 years ago.
NY? I'd like to refer you to the NY Bar's Referral program. The program is free. The attorneys are vetted, qualified, and affordable. If memory serves me right, you also get a free consultation once you are matched up with an attorney from the category that you need (or at least the consultation is very cheap - I know this for a fact). The link to the Bar's referral service is below. http://www.nysba.org/AM/Template.cfm?Section=Need_To_Hire_A_Lawyer_ Also try Alexander Tsiring -(NNN) NNN-NNNNBR>Remember - don't hire on CONTINGENCY, i.e. no pay unless they win!

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Customer: replied 7 years ago.
Do I owe you money for the follow up question?
Expert:  Ely replied 7 years ago.
Only if you want to. JA is based on a trust system. If you feel that I have answered your second question, you press ACCEPT and $18 will be deducted. If you don't, then you don't. :\ I don't get credit for my time with you for each question unless you press accept for each question, but we never push you - it's your choice per JustAnswer policy.
Customer: replied 7 years ago.
I thought follow up was included in the first question
Expert:  Ely replied 7 years ago.
It's your call, and your decision. I assume you want it to be treated like a follow up, so I'll close out this question. No need to respond and good luck :)