Collecting A Personal Debt Questions

[ccdem]

What is the name of your state (only U.S. law)? Illinois

Beginning in April 2004 and through May 2006, I had a roommate with whom I split rent and utilities. While this roommate was on the lease (thereby proving liability for rent), there was no formal agreement as to how utilities were split. We agreed utilities are to be split 50/50, which is a common and reasonable arrangement. Although there is not a formal agreement, I can prove that this roommate did pay these amounts for the first several months and therefore can by my roommate’s own performance support the fact that he is responsible for 50% of all utilities in addition to 50% of rent.

I do have meticulous records and a complete register with a running balance of all expenses incurred and payments received (including copies of every invoice from each utilities company, copies of any personal checks in which he or his girlfriend paid me with, and even copies of the cash bills they used to pay me on one occasion).

In July 2006, this roommate and I went separate ways and he and his girlfriend sent me periodic payments for the amounts they owed me for some time. However, the last payment I have received was May 14, 2007 and a balance remains of just over $1,400. My roommate and his girlfriend has never denied that they owe me the money, but always insists that they cannot afford to send me anything (however, I am aware of them purchasing a new car, flat screen televisions, video games, guitars, etc.).

I really wasn’t actively pursuing this amount over the last year, however have recently stepped up my attempts to collect this amount. I am willing to be flexible in re-payment terms, but I now want to require my roommate make consistent monthly payments as his attempt at sending money when he can has not resulted in any payments in over a year.

My question is, if I end up having to file a suit in my local small claims court, is it likely that the fact that I did not actively pursue the money over the last year will effect the judge’s finding? Note, there is no reason for my roommate to believe that the debt was forgiven that would have caused them to not pay; he simply didn’t pay because I wasn’t aggressively pursuing at the time and I was engulfed in other responsibilities for some time.

Is there any additional information other than above that I should present to the judge should I need to take this route?

What seems to be a reasonable time frame in which I could suggest re-payment? This has been going on for a long time and I would like to know if I can legally require them to re-pay this remaining amount in a shorter time period, maybe over 8-12 months?