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Does the ex roommate have a case?

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mmmad

Junior Member
What is the name of your state? California

Please help.

I signed a lease with a girl on the 4th of February for an apartment. Her share was $770 and mine was $685.

For the first month's rent, we were required to issue a cashier's check/money order for the amount of $1455. Because of the short time frame, I took her check and before it was cleared, I purchased a cashier's check with my money. 4 days after I deposited her check, it got returned due to insufficient funds fees. Since I did not have any access to the internet at that time, I was not able to check my bank account. On the 10th of February, I received the returned check in the mail and I found out that I was charged insufficient funds fee for checks that were written prior to her check being bounced. I called her up immediately and requested for the money and I have as well informed her that I am being incurred insufficient funds fees because of her returned check and I expect her to pay those fees and everything that she owed me in cash. 7 days went by, and she dodge me and kept on saying that she will be paying on a certain day, and when the day arrives, there was nothing from her. At the same time, I kept on checking on the Insufficient funds fee that kept on piling up in my account and I kept her updated on those charges.

Having enough of her dodging and her empty words, I decided to move out of the apartment on the 17th of February. At this time, the amount of what she owed me has totalled up to $952. At that time she as well accussed me of excessively writing checks after I found out that the check bounced, so that she would be paying the insufficient funds fee. Eventhough I have shown her the account transaction in detail, she is somehow insistent that I did that just to destroy her(!?) Anyway, on the day that I moved out, I sold my fridge and left her food on the kitchen counter. I have expressed my regret and disatisfaction with her actions clearly on the 18th of February.

On the 18th of February, she met me at a public place and paid $500 in cash and a post dated check for $230. We as well signed a 30 day Notice of Termination to release me from the lease.

On March 1st, her $230 check cleared. Because of the fact, that she owed me more than $730, I resubmitted her bounced check of $770 on March 4th 2006. After calculating the amount she paid, which was a total of $1500, and the amount of what she owed me plus the insufficient funds fee plus what the merchants charged me for the returned check, her balance of it all is $117.53. I purchased a money order and sent it to her via certified mail which she received.

Since she has found a new tenant to replace me on the lease, I as well deducted the $300 security deposit that I paid to move into the apartment. The new tenant had to pay her $300 security deposit to move in, so because of that, I believe I am entitled to the security deposit as I left the apt with absolutely no damage.

I recently found out that the Notice of Termination of the lease that I signed with her on the 18th February was altered after i signed it. She added a line to it without my knowledge after I signed the document. Isn't that considered as fraud?

She now wants to bring me to the small claims court on the grounds of extortion and skipping rent. I have received a letter from the apartment's management office releasing me from the lease. She wants me to pay the balance of my share for the next 8 months and says that she is suiing me for $7000 which includes the insufficient funds fee that incurred in her account because I cashed the check that she wrote to me for $770.

She as well have mentioned in her email to me that she has my bank account number. I did not give her my bank account number and have no idea where she got it. Is it okay for her to have my bank account details right now before going to court and without my acknowledgement?

Does she have a case against me?What is the name of your state?
 


racer72

Senior Member
You are going to get spanked on this one. I am going to guess the judge is going to rule the cash and $230 check was the replacement for the bounced check. When you cashed the bounced check, you unjustly enriched yourself. You assumed you could collect other money owed and basically pulled the same crap that was pulled on you. Your case is weak and the outcome is going to depend on how good of a case the ex roommate presents to the court.
 

mmmad

Junior Member
racer72 said:
You are going to get spanked on this one. I am going to guess the judge is going to rule the cash and $230 check was the replacement for the bounced check. When you cashed the bounced check, you unjustly enriched yourself. You assumed you could collect other money owed and basically pulled the same crap that was pulled on you. Your case is weak and the outcome is going to depend on how good of a case the ex roommate presents to the court.
My intentions when I cashed the check was just to get the money that was owed to me. I wasn't pulling the same crap that she pulled on me just so that she faces the same inconveniences that I did.

When she gave me cash of $500 and a check of $230, that does not cover the rent and the insufficient funds fee that has already amounted to $952. We did not discuss about the situation of the bounced check apart from the fact that she still owed me money. She put up a fight on the day that she paid me cash $500, eventhough she agreed days before that she will pay me the total of $952 in cash. She believed that she did not cause me to suffer the NSF and therefore refused to pay it. Being tired with her arguments, I told her that I will get the money that she owed me no matter what. (and in this case, I meant I was going to bring her to court). During the days that her check bounced and she had promised to pay me back the money with the NSF which she didn't, she put me out completely. I was constantly asking her and she kept on promising to give me the cash that evening, that evening came and gone and another evening came and gone and after 6 days of empty promises, I had to borrow money to offset those charges and to get gas and food. Even when she paid me the $500, I immediately had to pay off the loan that I got and I was still left without money. Before moving in with her, I clearly explained that I had to start my life anew as I was recently separated and I have never worked in America before. I just started my first job in America and that's the reason why I was sooo badly in need of cash.

Merchants that I have issued checks to that have bounced, have resubmitted their checks and are now sending me notices requesting that I pay the fees that they have incurred. If I am obligated to pay the NSF for the merchants, why is her action considered okay and she is free to not pay me for the NSF that she has caused me?

And are you saying that she has every right to sue me for $7000?

And if I go to court, I will lose and have to pay her all that?

I only took the money that was owed to me including the NSF. I returned the balance to her with a detailed account (with dates and for what checks written on what date, so as to assure her I did not recklessly charge my debit card or wrote checks after finding out that her check was returned) of what was taken out. I did purchase a money order for the amount that was left and mailed it to her via certified mail which she received and cashed it.)

I mean, she bounced a check, she owed me money and I can't get the money that she owed me? I am supposed to settle for less that what she owes me?
 
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