Shoplifting, Larceny, Robbery, Theft Is it considered theft?

xxxsidthekidxxx

New Member
Jurisdiction
Missouri
I have a friend that pays a 3 line cell phone bill, one for his wife, one for himself, and one that WAS for his brother-in-law. UNTIL his brother-in-law went to jail.

So now they have this phone that isn't being used that's costing them 90 dollars a month. They spend weeks trying to find someone to take over the phone and the 90 dollar monthly bill that IS under his account. I end up agreeing to the phone and monthly bill of 90 dollars.

The phone is a Samsung Galaxy S 6 Edge Plus, I received the phone in the beginning of August 2016. I also received the phone with the back camera busted out. It didn't seem as if the damaged back would have affected it's ability to function properly, as in phone calls, text messaging, and it's mobile data. I was told by my friend that the plan is was buying into was unlimited talk, text, and data.

After setting it up and beginning to use it as my daily cell phone, i noticed that I wasn't able to access my Internet away from wifi, calls either dropping or wouldn't even go though, and occasionally text messages wouldn't go through showing up as "failed".

I've spend a significant amount of time with customer service about the issue, and they narrowed it down to the phone itself being the problem. In order for me to have a functional phone, I would have to pay to have the phone fixed which was quoted at 170 dollars plus the 5 dollar fee for exchanging the repaired phone for one that worked.

They want me to take care of the damage on the phone when I received it broken, but I feel like it should be their responsibility since they are now telling me it was not a gift and they're going to need the phone back if I no longer want to pay the 90 dollars a month for service I'm not receiving.

So now we are no longer friends, they have asked for the phone back. Am I obligated to give it back? They have threatened to file it as stolen, are they able to do so?

Any information regarding this situation would be greatly appreciated.

Thank you
 
They have threatened to file it as stolen, are they able to do so?

Of course they are. And when the police come to your door they aren't going to care what you have to say, they'll just take you in and have you charged and you'll be able to tell it to the judge. No way to predict how that will go but, even at best, you could have an arrest on your record.

So now we are no longer friends, they have asked for the phone back. Am I obligated to give it back?

What difference does that make? Keeping it and going through a hassle that could give you a criminal record seems foolish to me. I suggest you give it back, chalk it up to experience, move on, and don't get involved in any friends' financial lives anymore.
 
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