Need help quick

[johneilers]

Indiana----- I have a question regarding my past roommate. She was never listed on any bills or legal paperwork as living here, nor does she have any real proof that she ever paid rent, or gave me any other money. She has stated that she is going to take me to court and that her lawyer(if he exists) has said that she is "golden". Is it at all true that she could win with no paper trail to speak of?

 

[Zigner]

Indiana----- I have a question regarding my past roommate. She was never listed on any bills or legal paperwork as living here, nor does she have any real proof that she ever paid rent, or gave me any other money. She has stated that she is going to take me to court and that her lawyer(if he exists) has said that she is "golden". Is it at all true that she could win with no paper trail to speak of?

Seems to me that she has a 50/50 shot, more or less. The darn crystal ball was thrown at me and shatter in to a bazillion pieces.

(Why is your roommate suing you? And, are you saying that you'll lie in court about her residing at your place?)

 

[johneilers]

so far so good

I wouldn't lie in court but she may try to say that she had lived there longer than she actually did. But my largest concern is that she is trying to sue for rent/utilities/food for while she lived there, barely any of which she actually paid for.

 

[johneilers]

counter?

Therefore since she paid about 1/5 of what was expected could I not counter-sue for the remaining amount?

 

[sandyclaus]

It's All About The Evidence...

Winning your case in Small Claims court is about who has proven their side of the case. Solid evidence is best to establish your proof.

If the former g/f is suing for rent/utilities/food bills, she will have to prove that she actually paid them. She'll need actual receipts, check copies, credit/debit card statements, along with signed IOU'S from you if she did to cover your share, to support her claim unless she gets you to say she paid them. On the other hand, if YOU have those same evidenciary documents showing YOU paid, not only does she lose her case, but you also bolster your counterclaim against her.

Lots of people toss out the "attorney" card to try and intimidate an opponent into compliance. Don't let that fool you. Her "attorney" probably said that to convince her that her case is "golden" too, all the while collecting his fees. In the end, HE still gets paid.