Can they sue me? -- I need your advice.

Hi everyone. I'm a newbie here seeking for legal advice. So here's my story.

This happened around 6-8yrs ago.

I had a high school friend. Her mom convinced me that she (my friend's mom) will get a postpaid plan under her name, get the free cellphone from that plan, and she (the mom) gave me the postpaid sim card.

Dahil nga bata pa ako non and she really convinced me, I said ok. So she got the plan, gave me the sim, and she kept the free cellphone.

Nung nasakin yung sim, nabayaran ko naman yung mga unang months. Pero the succeeding months, masyado ng malaki yung bill. The reasons why lumaki yung bill dahil, my friend and her brother, they were sending loads from the postpaid sim to their cellphones. Ginagamit din ng mom nila minsan ung sim, and my friend also used it.

Nung napansin kong agrabyado nako, I asked my friend kung pwede niya ko tulungan magbayad dahil sila ang may mas malaking gamit sa sim. She just said that she will help me pero she and her family never gave any share pambayad.

I decided na IBALIK ko sakanila yung sim card. And my friend accepted it. Marami na ding nangyari and so I distanced myself from them.

After all those years, biglang nagmessage yung friend ko asking me to pay the remaining balance nung sim. She said, nakademanda daw yung mom niya. Nademanda daw ng telecommunication company dahil malaki yung bill at hindi nila nabayaran.

So ngayon, bigla akong bothered dahil sakin nila sinisingel yung napakalaking halaga na yun. I can't pay it kasi hindi lang naman ako ang nag consume non at super laki ng na consume nila don kaya nga binalik ko na.

Tanong ko lang, pwede ba nila ko sampaghan ng kaso? What can I do to solve this?

Please help.

one way to look at it is how could they prove that you used the sim card especially if the loads are to their own phones. you can also your minority as a defense (were your?). the contract for you to pay is not binding because you did not have legal capacity to enter into the agreement.

you can also offer to pay just the part that you actually used. their sending loads to themselves should be charged to them. your allowance of others to use the sim should be charged to you. the time after you gave back the sim should be theirs.

thank you for your reply.
Can they get the phone records from the telecommunication company or mahihirapan sila?

Natatakot lang ako kasi baka idemenda nila ko ng estafa? Tama po ba?

Pwede ko bang sabihin na at that time wala talaga akong capacity magbayad ng ganong amount, pero kaya ako pumayag kunin yung sim kasi nga yung mother niya na convinced ako kahit alam niyang student palang ako.

chaka, my friend knows na hirap nakong makabayad dahil sa laki ng bill kaya binalik ko na yung sim. At that time, hindi naman sila umangal, why now lang.

weren't you a minor when you entered into this deal?

i don't believe estafa will prosper even if they file a case against you.

again, you can offer to pay only for the portion you actually used.

Hi thanks for the advice.

I can't remember my age when I agreed on the cellphone. What I can remember was that I wasn't really sure of getting the post paid sim since I really don't know how much will it cost. It was only because the mother of my friend and my friend pushed me to get it.

Am I still liable if they file a case against me?


thanks!

one line of argument you can use is prescription. it's been 4 years since the supposed debt, and without a written agreement, they can no longer sue you

attyLLL wrote:one line of argument you can use is prescription. it's been 4 years since the supposed debt, and without a written agreement, they can no longer sue you

Thank you so much for your fast replies.

Now I can be at ease. I've been scared for a long time.