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Lucy, Esq.
Lucy, Esq., Attorney
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Experience:  Lawyer
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Dont know if this is the right place to ask, but here goes.

Resolved Question:

Don't know if this is the right place to ask, but here goes. My daughter got on my cell plan (11/2012) and now won't pay. I'd like to get her off. Verizon has a termination fee. I'm on a family plan w 3 smart phones.
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

If your daughter is refusing to pay the bill, and running up charges, you have the legal option of suing her for breach of contract. That includes both the phone bills you've been paying for her and the termination fee. Even if the agreement was verbal, that creates a binding agreement and the money can be collected. If you can tell me what state you're in, I can get you Small Claims information for that state.

The other option is to send her a letter, via certified mail, that you will sue her for both the termination fee and the charges if she does not pay you immediately. In some cases, that helps with people who simply don't expect to be held accountable for the money they owe.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.

Thank you for your help. I've been thinking about suing her of threatening. She also has student loans that I cosigned in 2004 and 2005. I stopped cosigning when she did poorly in school, but the college got her private loans with just her signature. Now she has huge student loan debt (graduated though). She is not paying and somehow she negotiated a deferment (did not need or allow input from me). The principle doubled on these loans. She has it set for interest only payments with Sallie Mae, and she is not paying them. If I pay she does not pay me back and Sallie Mae is relentless. I had to pay them over $1000 last month to catch up and now she is behind again. I don't think she intends to pay anything. She has a good job, and she is overwhelmed by this debt. Still it's not fair to ruin my credit and force me to pay by default instead of trying to get it figured out.


 


Can I sue her for not paying the Sallie Mae loans.? Cosigned loans went from original $20,000 to $40,000 principle by her deferring and not paying. What is the statue of limitations on this? I will never be able to retire if this keeps up. I'm 60 yrs old. Never thought I'd be in this situation.

Expert:  Lucy, Esq. replied 1 year ago.
If the agreement was that you would co-sign and you would make all the payments, yes, you can also sue her for any and all money that you wind up paying Sallie Mae. There are legitimate programs out there designed to help people who are struggling to pay their loans - sticking the person who did you a favor by helping you get the loans is not one of them.

The statute of limitations resets every month that she misses a payment and you have to pay for her. The exact length depends on which state the two of you were in when you agreed to cosign the loans for her - but it doesn't start to run until the first payment is missed. The time that she was in school isn't included.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 20039
Experience: Lawyer
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