• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Could I win this claim against my ex?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

maile

Junior Member
What is the name of your state (only U.S. law)? FL

In 2005 my ex and I moved into an apartment together. While living there, we broke up. We decided to stay the rest of the lease, which sucked nonetheless.

We moved out when the lease was up, etc. A few weeks after moving out, I received a letter saying we owe $500 in damages (we didn't have a deposit). After contacting my ex, we agreed to split it.

You know where this is going.

I paid my half, he never paid his.

The remaining amount of $250 eventually wound up in collections, and on my credit report.

After finding out I was pregnant with my current fiance, we decided to get an apartment together. However, we were declined because of this debt.

Since I needed an apartment quick, I decided that I would have no choice but to pay what was owed. So I did.

I contacted my ex, and he claims he never has gotten a letter from the collections agency. And then he claims he paid me when we moved out. Which isn't true. He refuses to pay back what I am owed.

Attached is the e-mail he sent me:

"actually i have not gotten any bills from them at all. and in fact ive gotten approved for atleast 3 places if not more after living there, so i do not understand why $250 dollars would prevent you from doing anything. I have not talked or bothered you in atleast a few years, and I do think it's petty that you are making an arguement over this. I in fact did not know we owed anything to waterford nor did I know why. I have not gotten any mail from them or creditors, at all. I am not just going to drop off money to you. You can try to take legal action if you want, but the fact of the matter is all of our names were on that lease, so no matter how it was "supposed" to be split, it had to be paid reguardless of who. Had I known we still owed them money, I would have paid it when it needed to be paid and not let it get to creditors, but like I said, I have not recieved any mail at all from them. I still do not understand how and why we would owe them any money.

I do not believe I owe you or them any money. I GAVE YOU MY HALF when we moved out. I remember that. If you want to seriously take this into a legal aspect I have an attorney, you can send all the information there."

I am wanting to take legal action by taking him to small claims, but I am afraid of losing because of some weird circumstance.

I have all checks, receipts, and letters to prove we owed the apartment, and the payments I have made.

Any advice would be appreciated. Thank you.What is the name of your state (only U.S. law)?
 


maile

Junior Member
Well, we moved in October of 2005. Moved out October of 2006. Received a letter from the apartment in November 2006. I paid my share in that same month. From what I have found, I have 4 years to file a claim.
 

154NH773

Senior Member
Whether you could win or not is something only the court can answer.
It doesn't sound like your claim is unreasonable, but do you really want to go to all the trouble, time, costs, for recovery of $250? Remember, you might not prevail. It could come down to your word against his.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top