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Richard, Attorney
Category: Legal
Satisfied Customers: 55698
Experience:  Attorney with 29 years of experience.
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Even though I allowed m to use a phone that was not active

Customer Question

even though I allowed him to use a phone that was not active and then he transferred his active phone number to my deactive phone and then I transferred his number BACK to his old phone when I realized he was a scam artist--and I put my phone back into service --I have the charges on my charge card statement that he still owes me for that use --which we agreed he would pay--and did not. Of course he will probably deny it in a court--because he lies about everything. So How do I protect myself from him --Can I also get some kind of order of protection from him? How do I present that to a judge? Or How would I tell the police about that if I asked the police to get the phone from him? Could I show up at his place of work prior to him working because I know that he would be there in the parking lot to park his car and ask him to hand over the phone to avoid a problem with the courts/police? If he is not officially on the clock Is it still interfering with his job?
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

Thanks for following up. It will be a bit of a he said/she said situation, but the fact that you were paying the bill etc will support that this phone was loaned for his use, not given. If he poses a threat to your person or property, then you can file a petition for a restraining order which will prevent him from coming near you or your property. If he were then to violate that, he would be in contempt of court and subject to both civil and/or criminal sanctions imposed by the court. I would actually demand he deliver the phone to an independent party or have an independent courier to go pick it up to avoid any physical meeting between the two of you.