Small claims

[Cmeq]

What is the name of your state? Washington State

Well, the time has come that I need to seek a legal remedy to my problem. I have a roomate that refuses to pay any back rent or his share of the utilities. He also refuses to pay a cell phone bill (that is under my name) that he said that he was paying but of course was lying. What I have compiled so far is:

*An Excel spreadsheet itemizing charges that are due
*Utility receipts showing the amounts due
*A copy of a pay schedule contract that he refused to sign
*A witness to his decipt in saying that he paid the cell phone bill and didn't. This witness can also testify to his refusal to pay for previous unpaid utilities.
*Two letters from individuals that have dealt with this person financially. They both testify to his lying and deceitful character in dealing with financial matters.
*A copy of the message history from MSN messenger where he admitted that he lied about paying the cell phone bill and stated "it's under your name, not mine, it's your responsibility", "Prove it".

Since I have never had to go to court and deal with legal matters I'm curious how this evidence will hold up in court. I figure that the two letters showing his character will counter act the "I paid him" if he tries it and the MSN message history showing his intent to pay the cell phone bill and him lying about paying it, the payment schedule contract showing my intent to work with him, and a witness to all of these facts.

What does everyone else think?

 

[BL]

You had an agreement for rent utilities , Etc. but he refused to sign it.

Was this a verbal agreement ?

Was there a Lease w/ him/her on it ?

Don't worry about character statements .

If someone witnessed an agreement for what you are suing for, bring them.

The MSN I"M printed out will be evidence.

Small claims is an informal hearing. Gather your proof, whitnesses , Etc. , Start from beginning to the end w/ FACTS .
Be breif but to the point , and don't ramble on.

If the Judge ask you a Question answer it as factually , and breif as possible.

Most of all appear confident and do NOT interupt. Look at the Judge and speak to him/her only loud enough to be heard .

 

[Cmeq]

<You had an agreement for rent utilities , Etc. but he refused to sign it.>

*** I tried to get him to sign a "roomate agreement". Basically stating that he knows that he is responsible for chores around the house and 1/3 of all expenses to the house. But he refused to sign this agreement. I also tried to get him to sign a pay schedule contract for monies owed but he refused to sign that too. I'm bringing these to show that I tried my best to work with him.

<Was this a verbal agreement ?>

***For the cell phone? Yes it was a verbal agreement but I have a witness that will testify that he agreed to pay the bill. The MSN messenger print out I have he also states that he lied to me about paying the bill and wont pay it as it is in my name and therefore my responsibility along with the snide comment of "try and prove it". For utilities and rent that should be a given that if your going to live on the premises you pay your share. He has paid some utilities and rent showing intent to pay.

<Was there a Lease w/ him/her on it ?>

***There is a signed lease with this person. We are actually working with the landlords to have him evicted for violations of the lease. He put a deadbolt on his door that violations the contract section of "Alterations & Improvements" and he also has a dog that violations the contract section on "Animals".

<Don't worry about character statements .>

***I'll bring them just in case.

I'm also in the Navy Reserve and have access to legal councel when needed. On my next drill weekend I plan on meeting with the JAG to discuss my case before filing any papers. But, thank you for your input you have really put my mind at ease concerning this subject. I look forward to any more suggestions, questions or comments that you may have.

~C

 

[BL]

He had his own bedroom . He was on the Lease. He made some payments toward the rent,utilities ( state that you have records of it ).

I think you'll make out what you are owed .

One other thing is you may be able to recover cost even after he's evicted, but you must show you tried to re-rent the room, or if you will cover the cost after , don't worry about it .

 

[Cmeq]

<He had his own bedroom . He was on the Lease. He made some payments toward the rent,utilities ( state that you have records of it ).>

***Yes, he had his own bedroom, he is on the lease, he did make some payments and this will be brought up during the trial. This portion of the comlaint is $482.61. The cell phone matter is $913.

I think you'll make out what you are owed .

***GREAT!!

One other thing is you may be able to recover cost even after he's evicted, but you must show you tried to re-rent the room, or if you will cover the cost after , don't worry about it .

***I don't need to fill the room I just want him out. He is also dealing with some other issues (passing bad checks around town) and has a pending warrent (unserved) against him. So, I believe the threat of the police getting involved will aid him in his speedy departure.

~C

 

[JETX]

"What does everyone else think?"
*** I THINK that without a specfic written agreement you are going to have a hard time PROVING that he owes you for all the expenses you claim. I bet he tells the court that he does NOT owe you.

 

[Cmeq]

<I THINK that without a specfic written agreement you are going to have a hard time PROVING that he owes you for all the expenses you claim. I bet he tells the court that he does NOT owe you.>

***I'm sure he is going to play that card, I'm almost positive. I'm hoping that with a witness saying that he agreed to pay the bill and the MSN messenger print out with him saying that he lied about paying the bill and basically telling me good luck in proving it, will help to show that he had the intent to pay and now is just being childish about the matter.