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Issue with ex-roommate

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stressedscared

Junior Member
Colorado

Hello,

So a few months ago I lost my job because I took time off to see my Grandfather before he passed. At the time I was living with a friend and my half of the rent was $510. Well in March since I lost my job and didn't have the full amount for rent I asked my roommate to pay the $350 I was short and I would pay her back. She stated that was fine and since she knew my situation said "pay me back whenever you can, no worries" Our lease was up this month so through April-July I struggled to get enough money to pay my portion of the rent and even overdrafted a few times to do so but I didn't want to have to burden my roommate again. This whole time (I have texts/email records) she kept stating she knew my situation and to pay her back whenever since she wasn't in a hurry to get the money. She went on trips to Greece, San Diego etc during the summer and always brags about having a ton of money so I took her for her word and focused on paying my portion of the rent. I kept her updated the whole time about my financial situation and even paid ALL of our cable bill every month which was $173 instead of splitting it because of me owing her money. I also furnished the whole apartment and never asked her for a dime. Well I just paid her $100 this past weekend and told her I got a new job that pays really well so I should be able to get her the rest of the money soon.

She promptly send me a FB message stating she wanted the remaining money in her account by Monday or else. Then she proceeded to call me flaky and lazy and told me I was making excuses for not paying her back and no bank would have accepted them. I told her I never made any excuses and she could check my bank records for proof; I just didn't have the money. She kept going on and on about how this has been stressful for her and she needs the money etc, when I called her out on that lie she was like "well just because I am well off and don't need the money right now doesn't mean I shouldn't get it" I told her we never had a specified time frame for me to pay her back and she just kept going on and on about me being lazy etc. I finally told her that she stayed at my grandmother's house for 2+ weeks before we even moved into the apartment and never paid my grandma, also my father helped her move and she never paid him anything even though she stated she would etc.

I am a little concerned that she is going to try and take me to court. We never had a verbal or written agreement of a time frame for the money to be paid back and I have it on record where she states "whenever you have the money" I have kept her informed of everything regarding my financial situation and just paid her $100 of what I owe her. It's not like I am not making an effort here. I'm not sure what to do if she decides to take me to court.
 


Zigner

Senior Member, Non-Attorney
Pay her as much as you can as soon as you can, then keep making regular and substantial payments. I suspect she is upset that you've been blowing her off.
 

stressedscared

Junior Member
Pay her as much as you can as soon as you can, then keep making regular and substantial payments. I suspect she is upset that you've been blowing her off.

I haven't been blowing her off though, I have constantly been updating her about my situation and even paid her $100 the second I got the spare money.
 

single317dad

Senior Member
The "Monday or else" threat is empty. The roommate would spend more money and energy suing you for the amount owed (which she would likely win) and collecting the amount (plus interest, which she would likely get) than simply waiting for you to pay. This assumes you plan to pay quickly.

Pay the amount owed quickly. Get receipts.
 

stressedscared

Junior Member
The "Monday or else" threat is empty. The roommate would spend more money and energy suing you for the amount owed (which she would likely win) and collecting the amount (plus interest, which she would likely get) than simply waiting for you to pay. This assumes you plan to pay quickly.

Pay the amount owed quickly. Get receipts.

She owes me money and my family money as well, so she can sue all she wants. We have receipts and witnesses for the amount she owed and failed to pay. I stupidly assumed it would all be even in the end and wash out, now looking back she owes way more than what I owe her.
 

single317dad

Senior Member
She owes me money and my family money as well, so she can sue all she wants. We have receipts and witnesses for the amount she owed and failed to pay. I stupidly assumed it would all be even in the end and wash out, now looking back she owes way more than what I owe her.
It doesn't matter who owes money to whom. What matters is who can prove what. If she brings an action against you for monies owed, the court will consider only that question and not any others you bring up unless you properly file a counter or cross complaint. What all that amounts to is that if you owe me $500 and I owe you $500, you don't get to "even it out". If I sue you successfully and you do not sue me successfully, you now owe me $500 + statutory interest and I owe you nothing.

Don't ignore any lawsuit she may file. Don't go to court arguing "she owes me and my family money". Just pay as quickly as possible and prepare legitimate arguments (e.g. there was no due date specified, therefore I owe the money and will pay in a reasonable time frame). To collect any money owed, you and your family might have to file your own lawsuits.
 

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