I’ll try and be brief as possible and appreciate your help. I opened a Sprint acct initially under my name w/ a not-so-nice ex-business partner in 2005. She was provided with a phone. In Oct 2006 I got out of the business and we signed an agreement regarding this. However, like an idiot, I forgot to close the cell phone acct w/ Sprint (I never used my phone and assumed it was closed) but she kept her phone and continued using it.
In Oct. 2007 another service contract w/ Sprint began (which I did not know) under my name which she continued using. This occurred again in Oct. 2009. Again, I had no knowledge of the acct. under my name and recently rec’d a collection agency bill for $2700+ when she walked away from the acct. in early 2010. I appealed to the collection agency and Sprint and neither will budge, including notarized police complaints. Neither entity will provide bill copies I requested in writing certified ltr/return receipt (to the Collection Agency) as I have never have seen any bill copies or how the contracts occurred? So, it’s difficult to even argue my case as I don’t have all of the info?
I have emailed my ex-business partner who now lives in OH and she said she owes and would pay it if she could but has no $$. I’m not sure what I can do at this point? I can sue her but it would be blood from a stone. I was told by Sprint Customer Svc. that the only person that could a calling plan or upgrade equipment, etc., would be the account holder (fraudulently me) – and I feel 99% certain some changes were made at these time points.
What could and should I do? Can I sue for documentation so I can review the case and look at how the contracts were obtained? This has caused me tremendous stress and anxiety and I’ve spent countless hours and some cash to deal w/ this matter. Thank you very much for ANY advice or guidance you can provide.
Please keep in mind that the FDCPA only applies to consumer debts as opposed to business debts. I cannot determine from the information you provided if this debt is consumer or business.
The rights you are entitled to would be different based upon the character of the debt. In any event, put your request for the records in writing and hopefully Sprint or the collection agency will respond. If not, at least you can show your good faith in trying to investigate.
Was this a business or consumer debt?
Jeremy Golden, Esq. is one of the resident debt experts here at GetOutOfDebt.org that helps people for free. Jeremy is a consumer rights attorney licensed to practice in California. He represents individuals in cases against debt collectors for violations of the FDCPA. He also focuses on defending people in collection cases who have been sued by their creditors or debt- buyers. In the last five years he has won at trial or obtained a dismissal in over 200 collection cases. Recently he was voted one of San Diego’s Top Attorneys in the field of Consumer Law by SDMetro Magazine. His website is goldencardona.com
Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.
If you have a debt collector question you’d like to ask just use the online form.