I live in Florida. In October, a roommate moved into my apartment (with his girlfriend) with me and my husband. We had been looking to fill the extra room we had (another roommate, a childhood friend of ours, was living in another room), so when he got there there was a total of five people living in our large apartment. The guy who moved in was coming from faraway and, due to the costs of moving, could only pay half of that month's rent up front but was expecting a huge paycheck soon that would cover the rest. That paycheck came, but wasn't as much as he was expecting, so he couldn't pay. For two months after that, a total of three months, he kept having money problems and we had to pay the full rent for him. He paid us a small portion of what was owed, but still hasn't been able to pay the total. We had him sign a promissory note for 569 dollars after the third month. By this time, we were moving out early and in order to get off the lease, which had 4 months left on it, we decided to take our names off and put his name on. Go figure, the guy had bad credit and the apartment wouldn't let him on without a deposit of 460 dollars. He couldn't pay of course, but we needed to get off the lease so we could get on with our new apartment, so we paid it because we were told that at the end of the lease it would be credited back to us. However, after the next two months, the guy who took our place couldn't pay his part, and our deposit was used for his rent. We went and spoke to him about it. He was baffled because he said he went down there both times to pay the rent, but obviously they didn't use his money or he was lying because they took our deposit in place of his rent. So we explained to him that he would have to pay us the 460 back and he agreed to do so. My husband and I wrote up a new promissory note that included the 569 and the 460 (total of 1029) but he said he didn't want to sign it. He assures us that he's going to pay us back for both portions, rent and deposit, but he won't sign the new promissory note. However, we call him every other day, and go to his apartment often to ask for money, but so far he's only been able to pay us 20 dollars. He always claims he's going to be able to pay us on a specific date, but when they day comes, he doesn't answer his phone or tells us to call back later. We've tried discussing the issue over and over and we want to be understanding of his financial situation, but I'm getting frustrated. Right now, he's not working, but his girlfriend has a job. They are supposed to pay us back together, but he's the only one who signed the old promissory note and talks to us without her when we come over, so evidently our beef is with him alone if we go to court. I'm planning on explaining to him that my husband and I will take him to court for our money if he doesn't pay a greater portion of what is owed within the next month, but I need some advice. I want to know if I'd win my claim. So far the evidence we have is:
1. Promissory note for 569 dollars.
2. 2 witnesses. (My husband and our childhood friend/old roommate)
3. Records from the apartment's leasing office showing our deposit money was used for his rent.
3. A video recording (taken on my digital camera while it was in my pocket) of a conversation we had with him during which he promises to pay back the full amount (1029) to us.
Plus, he has bad credit. Do they check that stuff out?
The recording was taken while we were in the apartment during a time when three other people could walk in during the conversation. It was not a private conversation and in fact on the video another roommate who isn't involved walks in and starts talking with all of us. Would the recording hold up in court, since he obviously didn't expect for the conversation to be private?
Also, is there a law against using digital cameras for recording?
If and when we decide to go to court with this issue, we will explain to him that we have the recording and other bits of evidence and that we are prepared to take legal action against him.
How should I do this? There must be a way to get our money back. Please help.
1. Promissory note for 569 dollars.
2. 2 witnesses. (My husband and our childhood friend/old roommate)
3. Records from the apartment's leasing office showing our deposit money was used for his rent.
3. A video recording (taken on my digital camera while it was in my pocket) of a conversation we had with him during which he promises to pay back the full amount (1029) to us.
Plus, he has bad credit. Do they check that stuff out?
The recording was taken while we were in the apartment during a time when three other people could walk in during the conversation. It was not a private conversation and in fact on the video another roommate who isn't involved walks in and starts talking with all of us. Would the recording hold up in court, since he obviously didn't expect for the conversation to be private?
Also, is there a law against using digital cameras for recording?
If and when we decide to go to court with this issue, we will explain to him that we have the recording and other bits of evidence and that we are prepared to take legal action against him.
How should I do this? There must be a way to get our money back. Please help.