Question for the Lawyers out there...

I am in Delaware.

About 8 months ago, I moved into an apartment with 2 friends of mine. They let me stay there, until I'd gotten a job. I didn't find a job for 4 months. Bad, I know, but I eventually did. Now, mind you, I was not on the lease for this apartment. It was low-income housing, and reall it was illegal for me to be there. And when I'd moved in, there were no verbal agreements whatsoever made on any finances. I volunteered to pay my 1/3 of the rent, and utilities. But there were times when I didn't have money, and they would pay it.

Fast-forward to 8 months later. Living together made us hate each other, and we are no longer friends, and they are harassing me, telling me I owe them this huge amount of money..(something like $900, with no explanation as to how they came up with that figure)..and threatening to take me to court.

My question is,....with no verbal, or written agreements made on any of the finances, can they make a case?

Thanks in advance to any who respond.

My response:

Pay what you figure you owe. Remember, they took you in when you needed shelter. You said there were times when you couldn't pay.

So, now is the time to pay. Show your gratitude and pay up.

IAAL

That's the thing.

I can't afford to pay them right now, because I've got too many of my own bills I have to take care of. I've told them I could start paying them back, at the beginning of the year, once I get settled, but they want it now, and are threatening to go to court.

And my question was, with what they have...which is nothing...could they make a case in court?

sure they can win. what is your defense? Are you going to lie and say they allowed you to live with them for free?

you can pay something each month. make some kind of offer to your friends - $25 a month at least and agree to pay more when you can. put it in writing if all of you agree.

Pay up.........

So is that how it works in the Justice System?

Someone can sue someone else, pull a figure out of their ass, and with no proof of how they came to that figure, get the other person to pay it?

Like I said, I don't mind paying, but this $900 is outrageous, it was never that high, and I have asked them to SHOW me how they came up with that figure, but with no response, yet they still say they're pushing for a court case.

Wouldn't they have to at least show the judge how they came up with that figure, and back it up with proof? How does the judge know whether or not they're making the figure up?

okay you tell us:

how much was your share supposed to be each month for
1. rent;
2. food;
3. utilities - gas, electric, water.

how much did you actually pay?

how much do you believe you owe?

OriginalZohar said:

So is that how it works in the Justice System?

Someone can sue someone else, pull a figure out of their ass, and with no proof of how they came to that figure, get the other person to pay it?

Like I said, I don't mind paying, but this $900 is outrageous, it was never that high, and I have asked them to SHOW me how they came up with that figure, but with no response, yet they still say they're pushing for a court case.

Wouldn't they have to at least show the judge how they came up with that figure, and back it up with proof? How does the judge know whether or not they're making the figure up?

Click to expand...

May I welcome you to the World of Responsible Adults. Aint it a Hoot!
First here are some facts that can be used in computating what you owe
1: Rental cost split 3 ways per month
2. Utility bills, electric, gas,cable.
3. Groceries split 3 ways. Cleaning supplies
4. Any use of their vehichle to run you around.
5. Phone usage. Long distance calls (if applicable)
6. Garbage removal fees
7. Any damage done to the apartment in which they could claim you caused ( not saying you did these things)

Now since your obviously willing to pay them and cant seem to figure out how $900 can come into being , I think the above gives you just a taste of what items (bills) were covered by your friends when times fell hard on you.
Lets face it, if anyone here can get away with paying only $225 a month for all that listed above, we'd be writing books on that concept!

Stephenk

The phone and TV bill was in my name. And I paid them off, in full, when I moved out.

The only bill that was in their name was the Electric, and they've never said anything to me concerning it.

And I only owe for December, January, and February rent @ $172/month. The rest of the months up until June, I had paid, because I got a job. When I'd gotten a job, it was determined that what I owe for my share of the groceries, was $300.

So 172 x 3 = $516 + 300 = $816.

They have already admitted that I've made 3 previous payments to them, totalling $595.50. That, I have proof of.

So $816 - 596 = $220

I highly doubt that my share of the Electric bill, or car usage would bring that total up to $900. And there was no Garbage Removal Fee, or apartment damage whatsoever.

And Tayla, don't talk down to me about being a Responsible Adult.

I AM a responsible adult. I work, and have my own apartment, and always pay my bills.

But if someone merely TELLS me that I owe them $900 without me seeing proof of how they came with that figure, I'm sorry, but they're not getting a dime of my money, unless proof is shown to me. Would YOU pay up in this case, given the circumstances? Be honest.

Re-read the post I made. blowing a simple line out of contents is typical yet I assure you my brand of humor is there. Lighten up . It was not a direct attack on you personally, unfortunately it was taken that way....

To answer your question. Yes your allowed to request an itemization of bills still due. No one here was arguing that premise.

I'm glad I found this forum yesterday, because I've just found out new news.

Not only is he trying to go for the $900 in court, but he's also telling me that I owe like $200 for the Moving Van used in the move. This is the first time that I've even heard anything about this. When we moved, his sister VOLUNTEERED to pay for the van, to help us out. Even HE hasn't paid her for his share. ANd he's also saying that I owe like $1000 for a chair of his Mom's that he alledges that I broke, when I stayed at his parents house for a month. This was over a year ago, and once again, this is the first time I'm ever hearing about this couch....in all the time that I'd gone there, AFTER spending a month sleeping on the couch, they never said a thing, NOW it's a big deal. And this is the clincher...he says he's charging INTEREST on the total.

Please, people, tell me that he can't get away with his. He's being super vindictive, and trying to get as much money out of me as he can.

The burden of proof will lay with the Plaintiff, if in fact it makes it to the courts. Seek Legal aid for advisal. Just because someone makes a claim doesn't necessarily mean the courts will uphold the value in question. Its up to the judge at that point based on the circumstances and proof submitted by either party. Has this person/and or persons filed suit yet against you?

No, they have not. But he keeps threatening to.

Just a suggestion

Since it was low-income housing, and it was illegal for you to stay there, you may want to check into the angle that THEY might be in HUGE trouble if the Housing Authority were to get wind of the situation. Of course, this would depend on whether it was government funded subsidized housing, or not.

Zohar--

I wonder what a bet din would say about it?

Anyway, I will tell you that they might not need to itemize. I went to court with someone claiming I owed them X dollars for "services rendered," basically, without itemizing the services in any particular way besides, "phone call," or "paperwork." Pretty spurious. The judge reduced her claim by one third, but he allowed it, and I got a judgement against me. Remember that the effect that has on your credit is a bigger deal than the effect it has on your wallet. This started out as a pretty puny amount and it's ballooning because of the acrimony. They're trying to get a little more value out of it because of all the tzuris, right? Why don't you all try to start over and be a little more haimish about it?

If not, you still owe a debt, so in any case, you should start doing eveything in writing. You should ask for an itemized list of expenses, and send them back this letter:

Dear Roomie--

I am in receipt of your itemized list of charges. As to numbers 1, 2, and 3, I agree that I owe these amounts. As to No. 4, I believe you have overstated this amount, and I offer to pay instead the amount of $x, which I have arrived at by the following calculations: blahblahblah, etc.

As to No. 5, if your mother believes I owe her for some alleged damage to her chair, that is between your mother and me, and she may contact me directly on that matter.

As to No. 6, it was my understanding that your sister gifted us the cost of the moving van, and I have not previously heard of any expectation that either of us were to repay her for that cost.

Therefore, I agree that I owe you the amount of $XX, which I will pay you in increments of $XX, every two weeks for the next XX months.

If you agree to these terms, I will make my first payment when I get my next paycheck, (date). If not, the ball is in your court. I hope we can play nicely.

Zohar