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Can I get more than what the contract states?

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karaflah

Junior Member
What is the name of your state? Nebraska

When I broke up with my ex-boyfriend, he moved out all of his stuff and then completely trashed our entire apartment. Most noteable items destroyed were my $800 computer and my passport. We also had a shared credit card that was under my name, but I had already paid off all my purchases and the remaining balance was his, which totaled about $600. He said he would still pay it, but I only found out that he didn't pay anything when I got a letter that my name and the bill had been sent to a collection agency. I paid it off immediately then.

Not including the cost of my entire wardrobe and everything else that I owned that was destroyed, what he still owed me for rent, and what I didn't recieve back on the deposit due to damages that he caused, he owed me about $1500. We tried to work it out, and after hours upon hours of fighting about it, I was exhausted with everything and just wanted to get it over with, so I agree that he would pay me $695. We made up a contract with both of our signatures and that he would pay me $100/month until it was paid off. That was in December of 2006.

He paid me $100 in December, but then paid only $50 in January. After that, he constantly had excuses why he couldn't pay, why I had to wait until the next month, etc. I tried to be patient so we could work things out, but then in March he said that he would not be paying me anymore. He said that he was cutting off contact with me until he wanted to talk again. So, still trying to work things out, I waiting. Finally, in November 2007, he contacted me. I asked about the money, and he said no, he was still going to refuse to pay me anything. He then cut off contact with me once again.

That was the last straw, so I am now going to take him to small claims court, where he won't be able to ignore me anymore. I know for sure that I can get the remaining $545, but since he broke the contract, do you think I could sue for the original $1500? Well, he did pay $150, so that would be $1350.

Also, if I do put down that I'm suing for $1350, and the judge doesn't believe he should owe me that much, does that mean I won't get the $545? Or if I put down $545 but the judge thinks I should have more, does that mean the judge won't be able to give me more than what I asked for?

Sorry, lots of questions.
 


SHORTY LONG

Senior Member
What is the name of your state? Nebraska

When I broke up with my ex-boyfriend, he moved out all of his stuff and then completely trashed our entire apartment. Most noteable items destroyed were my $800 computer and my passport. We also had a shared credit card that was under my name, but I had already paid off all my purchases and the remaining balance was his, which totaled about $600. He said he would still pay it, but I only found out that he didn't pay anything when I got a letter that my name and the bill had been sent to a collection agency. I paid it off immediately then.

Not including the cost of my entire wardrobe and everything else that I owned that was destroyed, what he still owed me for rent, and what I didn't recieve back on the deposit due to damages that he caused, he owed me about $1500. We tried to work it out, and after hours upon hours of fighting about it, I was exhausted with everything and just wanted to get it over with, so I agree that he would pay me $695. We made up a contract with both of our signatures and that he would pay me $100/month until it was paid off. That was in December of 2006.

He paid me $100 in December, but then paid only $50 in January. After that, he constantly had excuses why he couldn't pay, why I had to wait until the next month, etc. I tried to be patient so we could work things out, but then in March he said that he would not be paying me anymore. He said that he was cutting off contact with me until he wanted to talk again. So, still trying to work things out, I waiting. Finally, in November 2007, he contacted me. I asked about the money, and he said no, he was still going to refuse to pay me anything. He then cut off contact with me once again.

That was the last straw, so I am now going to take him to small claims court, where he won't be able to ignore me anymore. I know for sure that I can get the remaining $545, but since he broke the contract, do you think I could sue for the original $1500? Well, he did pay $150, so that would be $1350.

Also, if I do put down that I'm suing for $1350, and the judge doesn't believe he should owe me that much, does that mean I won't get the $545? Or if I put down $545 but the judge thinks I should have more, does that mean the judge won't be able to give me more than what I asked for?

Sorry, lots of questions.
Duplicate Post: https://forum.freeadvice.com/showthread.php?p=1798574#post1798574
 

SHORTY LONG

Senior Member
Glad to help HomeGuru; and a very Blessed Happy holiday to you, and your
loved ones,' with all the best in the New coming Year.
 

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