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I'm being sued in small claims for $600

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asifk1016

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

I signed a lease at a two bedroom apt and looked for a roommate. I found one person and decided to keep the name on my lease and we would both share rent and utilities. Rent + utilities were under my name, Cable was under his name. He paid me in checks at first, but then one of his checks bounced and then started paying me in cash.
I had a relocation due to job/family and told him in advance that he needs to clear the apt and his things. When we were departing, he owed me around $300 in back rent + utilities. Also, we split cost on a few items which he ended up taking to his new place.

In order for him to pay me back, we agreed that I would hold on to his certain expensive electronic device until he could pay me back. Few days later, he texted me that he is unable to drive because of a suspended license. At that time, I had already had it with his excuses and told him that I would be selling his device to recover my costs. A month later, I am being sued by him for $600, stating that I stole his electronic device.

What do I need to do?
 


Proserpina

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

I signed a lease at a two bedroom apt and looked for a roommate. I found one person and decided to keep the name on my lease and we would both share rent and utilities. Rent + utilities were under my name, Cable was under his name. He paid me in checks at first, but then one of his checks bounced and then started paying me in cash.
I had a relocation due to job/family and told him in advance that he needs to clear the apt and his things. When we were departing, he owed me around $300 in back rent + utilities. Also, we split cost on a few items which he ended up taking to his new place.

In order for him to pay me back, we agreed that I would hold on to his certain expensive electronic device until he could pay me back. Few days later, he texted me that he is unable to drive because of a suspended license. At that time, I had already had it with his excuses and told him that I would be selling his device to recover my costs. A month later, I am being sued by him for $600, stating that I stole his electronic device.

What do I need to do?


You go to court and tell your side.

You didn't actually have the right to sell his property like that.
 

asifk1016

Junior Member
This would be first time defending myself, so I am not sure what do I need to do? Does he have a valid case of winning against me? I was the lease holder of the apt.
 

Proserpina

Senior Member
This would be first time defending myself, so I am not sure what do I need to do? Does he have a valid case of winning against me? I was the lease holder of the apt.

He's suing you for the return of the item. Give it back. Otherwise it's pretty much a slam dunk for him.

Then you can sue HIM for whatever it is you think he owes you.
 

asifk1016

Junior Member
He's suing you for the return of the item. Give it back. Otherwise it's pretty much a slam dunk for him.

Then you can sue HIM for whatever it is you think he owes you.
Just to be clear, that there is nothing in writing that I signed. There are only text messages where this was discussed. We even agreed on a place to meet up for an exchange but he cancelled and didn't show up, wanted me to come to his place, which I thought was not safe thing to do. So an exchange never took place and the situation escalated to court.

The reason I asked about the validity of that case, is that if this can be proven that I stole his device and he can win judgement against me. I am still willing to return his item, if I can be reimbursed for what I am owed. If I were to defend myself, is there any evidence that I would need to take to court, my lease papers, and utility bill, statement of his bad check and overdraft payment?
 

Proserpina

Senior Member
Just to be clear, that there is nothing in writing that I signed. There are only text messages where this was discussed. We even agreed on a place to meet up for an exchange but he cancelled and didn't show up, wanted me to come to his place, which I thought was not safe thing to do. So an exchange never took place and the situation escalated to court.

The reason I asked about the validity of that case, is that if this can be proven that I stole his device and he can win judgement against me. I am still willing to return his item, if I can be reimbursed for what I am owed. If I were to defend myself, is there any evidence that I would need to take to court, my lease papers, and utility bill, statement of his bad check and overdraft payment?

Go here:

File a counterclaim!

http://www.jud.ct.gov/Publications/CV045.pdf
 

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