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  1. #1
    kshae is offline Junior Member
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    Notification of "Willingness to Settle Out of Court Letter" letter.

    What is the name of your state (only U.S. law)? Florida

    I am planning on suing my previous roomate for unpaid rent as well as other fees.

    I was told I should write a letter to her explaing the amount I believe I am owed along with why. My question is should I present the letter to her before or after I file my claim with the courts?

    I was told it would be it would look better for my case if I showed I attemped to solve it out of court.

    I was also told that it can be hard to collect payment if I do win, so after they get notice of court the defendant will be more willing to settle and pay up if I drop the case. (my previous roommate knows she's guilty, she is just avoiding payment)

    Any advice?

    I was
  2. #2
    sandyclaus is offline Senior Member
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    Quote Originally Posted by kshae View Post
    What is the name of your state (only U.S. law)? Florida

    I am planning on suing my previous roomate for unpaid rent as well as other fees.

    I was told I should write a letter to her explaing the amount I believe I am owed along with why. My question is should I present the letter to her before or after I file my claim with the courts?

    I was told it would be it would look better for my case if I showed I attemped to solve it out of court.

    I was also told that it can be hard to collect payment if I do win, so after they get notice of court the defendant will be more willing to settle and pay up if I drop the case. (my previous roommate knows she's guilty, she is just avoiding payment)

    Any advice?
    Most small claims courts require you to show that you have asked the other party to pay the debt you claim they owe before filing your case. It shows that you have tried in good faith to resolve the matter before running to the courthouse to involve the law in the matter.

    You should be aware that the court can only issue a judgment in your favor if you win your case. They cannot force the other party to pay you the amount of the judgement, and they are not responsible for collecting the debt. Even after a judgment, you will have to make the efforts for enforcing the judgment and attempting to collect from the roommate yourself.
  3. #3
    kshae is offline Junior Member
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    Exacty!

    I actually gave her a letter, like the one im planning for court, the day after she moved out. She took one look at it, laughed then threw it away. I have witness to that, a few actually. One even being an officer.

    In regards to me having to collect payment, i knew that as well. So i was thinking the "settlement" letter may be more effective after she is served court papers, with her knowing she has a way out.

    Any opinions?
  4. #4
    sandyclaus is offline Senior Member
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    Quote Originally Posted by kshae View Post
    I actually gave her a letter, like the one im planning for court, the day after she moved out. She took one look at it, laughed then threw it away. I have witness to that, a few actually. One even being an officer.

    In regards to me having to collect payment, i knew that as well. So i was thinking the "settlement" letter may be more effective after she is served court papers, with her knowing she has a way out.

    Any opinions?
    Honestly? With her attitude, you can certainly try sending the letter, but you will probably end up taking her to court anyway. People like her realize there's nothing you can do to force her to pay - even with a judgment.

    IMHO Filing with the court would be a last resort when the letter fails. Plus, once you have paid your filing fees, you don't get those back if you withdraw the case. Even if she agrees to pay, who knows if/when she will actually do it? And then you'd have to go and file all over again.
  5. #5
    kshae is offline Junior Member
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    Valid

    You make a very valid point. And with her its more about being too immature and unwilling to face problems. When I wanted her to start paying bills on time, instead of ALWAYS being late, thats when things escalated. In the sense of being guilty, she knows she owes me money, but thinks I have no legal recourse against her. Heck, I didnt until i started looking it up.

    I have been lucky enough to receive a small payment from her, well, i called her and her dad answered and I was ticked so I explained why and how much money she owed. He actually brought over a money order for her part in an unpaid cable bill, but it was in/from his name, not hers. I was thinking of using that against her as well if this makes it all the way to the mediation part of small claims, or the actual court date.

    I dont mind the filling cost, me and my other roomate (her ex) are going to split them, then im going to include them in the letter. From everything you have said I think im going to try the file for court then send a letter. Because in all honesty, I think I have already sent her one that would be satisfactory to the courts. I also know she wouldnt want court, nor do I think she would be able to handle/show up to it.

    Anything I should include in the letter that is SUPER important besides the amount and reasons why?

    Also, what is the best kind of evidence to have and present?

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