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Roommate Suing Me!

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K

keeshy2

Guest
Help! This is a real mess....
I had a roommate who owed me back rent & damaged the house when he moved out back in May (I posted some questions on this board). We had a verbal lease for $350/month and he only ever gave me $320/month. This continued for 8 months. I kept asking for the rest of the rent and wouldn't get it. I even put it in writing in January! Still only $320. When he moved out I sent him a letter stating why he wasn't getting the damage deposit back: back rent & damage. We argued over it for a while and I finally offered to compromise and to keep $240 in back rent & $50 to fix the damage and send him the rest ($30). He verbally agreed to this over the phone...
But... when he moved out he took a computer that belonged to me. I asked for it back 5 times, and he and his parents had even told me if I wanted it to just ask. He claimed he didn't have the money to send it so I needed to send the remainder of the deposit ASAP. When I returned the remainder of the damage deposit, I got the hard drive back and that's it. No tower, nothing, except for a nasty note. I ended up filing a criminal complaint with the county to try to get my computer back. He had his arraignment on July 5 and the trial is set for Sept 6.
Now today I get a summons on my boyfriend's front door, not at my house, stating he's suing me for $320! And it's not small claims court, it's district court! What can I do? Do I need an attorney? Can I request it be switched over to small claims court? I'm not sure how he thinks he's going to win, but I want to make sure I cover myself. The summons says it's for the 17th, which is next Monday! I understand this date is just to set a trial date but I have never even been in a courtroom let alone be sued!
 


I AM ALWAYS LIABLE

Senior Member
My response:

Sounds like a SLAPP lawsuit, unless you've retained money without giving proper notice to him. Then, he might have a lawsuit. Since time is of the essence, get to an attorney today.

IAAL

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