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Former roommate taking me to small claims court

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Ty0604

Member
OREGON

I rent a condo and used CraigsList to find a roommate last summer. I did this with the property managements permission. They'll only take a check from me because I'm the sole person on the lease. I took a $400 deposit from the new roommate, put the check in my bank account, and then paid the management company via an online portal. The management company then refunded me that part of the deposit and added his name to the lease for deposit reasons.

The property had been foreclosed on and I made this clear in my lease. The management company was going to let us live here until the end of our lease (9/30/2016). Shortly after he moved in Fannie Mae took over the property and we began paying them rent and cut all ties with the old management company.

He moved out in December and requested his deposit back. I told him he had to contact the old management company. Turns out he decided to file a small claims case against me instead. Not only is he asking for his $400 deposit back but he's asking for "twice the monthly rent..... and any prepaid...... and twice the deposit" for a total of $2800 due to ORS 90.310.

However I did state in my CraigsList posting that the place had been foreclosed on.

Yes, I have a screen capture of this posting and a copy of my bank statement showing where I forwarded the deposit to the old management company.

I was served tonight and want to deny the claim BUT in order for me to deny the claim I have to pay $95.00 to request a hearing. How is this fair? I'm not trying to start a guilt trip but my mom recently passed away and I don't have $95.00 to request a hearing.

Am I just SOL? Honestly my credit is bad enough from medical bills so couldn't careless about this really.

Feel free to ask any questions you need. I tried to do my best so there wouldn't be any confusion but most likely didn't do very well.
 


Silverplum

Senior Member
OREGON

I rent a condo and used CraigsList to find a roommate last summer. I did this with the property managements permission. They'll only take a check from me because I'm the sole person on the lease. I took a $400 deposit from the new roommate, put the check in my bank account, and then paid the management company via an online portal. The management company then refunded me that part of the deposit and added his name to the lease for deposit reasons.

The property had been foreclosed on and I made this clear in my lease. The management company was going to let us live here until the end of our lease (9/30/2016). Shortly after he moved in Fannie Mae took over the property and we began paying them rent and cut all ties with the old management company.

He moved out in December and requested his deposit back. I told him he had to contact the old management company. Turns out he decided to file a small claims case against me instead. Not only is he asking for his $400 deposit back but he's asking for "twice the monthly rent..... and any prepaid...... and twice the deposit" for a total of $2800 due to ORS 90.310.

However I did state in my CraigsList posting that the place had been foreclosed on.

Yes, I have a screen capture of this posting and a copy of my bank statement showing where I forwarded the deposit to the old management company.

I was served tonight and want to deny the claim BUT in order for me to deny the claim I have to pay $95.00 to request a hearing. How is this fair? I'm not trying to start a guilt trip but my mom recently passed away and I don't have $95.00 to request a hearing.

Am I just SOL? Honestly my credit is bad enough from medical bills so couldn't careless about this really.

Feel free to ask any questions you need. I tried to do my best so there wouldn't be any confusion but most likely didn't do very well.
You can apply for a fee waiver or deferral:
http://courts.oregon.gov/Multnomah/docs/form/1_DeferralOrWaiverOfFeesInformation.pdf
 

Ty0604

Member
You can apply for a fee waiver or deferral:
http://courts.oregon.gov/Multnomah/docs/form/1_DeferralOrWaiverOfFeesInformation.pdf
Thanks for the link but I actually live in the part of Portland that's in Washington County. Is this the correct form?

http://courts.oregon.gov/OJD/docs/OSCA/cpsd/courtimprovement/familylaw/Gen-FeeWaiver-Initial_Applic_Decl_Instr_v2.1_2012-10-25.pdf
 

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