Ex Roomates Debt

[jclj2005]

What is the name of your state? MA

hi i had a question and unsure what i should do

i live with 3 other guys in a apartment and i had reciantly moved out because of them not paying there bills that are in my name and they back owe me for months prior. i am only using first names only. this is what they owe me

Rich $834.00

Mike s $178.00

Mike T $372.00

what puts me in a place is that mike t had the place in his name and we had a oral agreements that we lived there and split the bills evenly. i have tax returns that they live there and other info that proves that we all lived there and the bills were in my name. my question is can i sue them and win full amounts per each person for back bills and present bills up till the date i moved out. and will the court order them to garnish there wages?

also mike s has partial ssi and works part time can i sue a person on partial ssi and that works and get money?


thx for the help on the weird problem

john

[Debt Guy]

my question is can i sue them

Of course.

and win full amounts per each person for back bills and present bills up till the date i moved out.

Depends on lots if things. Assuming you sue in small claims court, if any of them fail to show up for the "hearing/trial", you can motion the court for a summary judgment. If they show, then the judge will listen to your side and look at any paperwork your have and do the same for the others. Then the judge decides.

and will the court order them to garnish there wages?

Assuming you are awarded a judgment, there will be a procedure for wage garnishment and asset levy. Certain of their personal property could be subject to seizure.

also mike s has partial ssi and works part time can i sue a person on partial ssi and that works and get money?

You can sue but SSI is exempt from garnishment. Garnishing part time wage is generally pretty tough

As a final thought, suing is not free. You need to check the the courthouse. There will be a filing fee and a fee to serve the summons. There may be additional fees for garnishments. If you win, you will be allowed add these fees to the amount of the judgment.

Also, it is not uncommon that winning the suit is the easy part. Collecting is hard.

[jclj2005]

ok thz alot that helps alot i am probably going to wait till the first of the year and them file if i do not get any payments from them.. anyways they have no paperwork i have it all so they don't have much to defend them selfs but so i do have a pretty good case against them? also should i get an attorney that specializes in this?

[Debt Guy]

should i get an attorney that specializes in this?

Way too expensive. Your attorney fees would be at least $1000. Do it yourself in small claims court. Small claims court is designed to be do-it-yourself without an attorney. Go to the courthouse and speak to the court clerk. They will give you all the forms you need and you just fill in the blanks.

Personally, I think you are chasing a rabbit that you are never going to catch. Getting the judgment is easy. Collecting is hard.

[jclj2005]

ok thx alot