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Roomate owes us money. (!!HELP!!)

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marvinutrera

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

Hey guys, Im in a deep issue right now that I want to get out of the way, and need help with in case it might need to be taken care of in small claims court. I want to know if I can actually take this to the small claims court, and how should I go about it if I could?

So basically, Im a 19 year old student that decided to room with 3 others, in a 1 bedroom, 1 den, and a 2 bathroom apartment. Like many others, the issue of someone not paying rent comes up. This is just ONE of my roommates in particular, from the beginning even to the present, he has failed almost every single month to pay on time, and recently, he didn't pay for the past month of march, and we were on the brink of getting evicted. Between me and my other 2 roommates we decided to pay off the part of the rent that was leading us to the eviction, which was around 463, cant remember the exact amount right now. We then decided to sign a roommate release form, although he owed 614.71 for this month, all 3 of us went through it and this is where the problem arises. The fact that we signed the roommate release form means that he legally has no claim over the apartment, meaning that he is not responsible for the 614.71 that he owes, and instead that 614.71 is our responsibility which all 3 of us find unfair. In a moral standpoint, he has stated that he would pay it, but has failed to do so over the course of a week, and tomorrow is his last day at the apartment according to the roommate release form. Meaning that after he leaves tomorrow, we have no practical way of getting that money. Instead we have though of filing a claim against him in the small claims court. Could we make a case out of this? And if we were to do so how could we prove LEGALLY that he owes us that money? Help would be greatly appreciated! I feel like as if he is just going to bail the apartment tommorow, and never pay the 614.71 as he has no responsibility over it, and thats what is scaring us. Any further information requested will be given, as I want to go about this right way if we can make a case out of this. Our landlord would also be willing to help us file a claim against him, as he understands that what our roommate is doing is morally wrong, why make 3 others pay for YOUR responsibilities. Thank you guys!
 



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