suing roomate for unpaid rent

[horribleroomate]

What is the name of your state? Illinois
My roomate and I moved into an apt last june. She was a co worker so I thought it would work out nicely. She did not have a checking account because she said she had problems in the past. I was fime with her giving me cold hard cash and I payed everything by checks. About three or four months ago...I still need to get everything from my bank...she decided to get a checking account. She wrote me out a check and that happened to bounce. I already paid all the bills and luckily i had enought money in my account to make all my checks go through. I told her I wanted cash. By the time I found out about my bounced check, the rent was due in just about two weeks. She said that she would pay the full amounts rent. That was for April. We just recently moved out 2 weeks early from our lease and i moved into a new lease with someone else. Yesterday the apt complex called me to tell me that there is still a balance due that her check bounced and that they can not get a hold of her. Funny thing is...neither can I. Ihave left her messages on her phone. All i get are voicemails. I have never even thought of sueing someone before. I am only 23 years old and I now I have to take her to small claims court because since both of our names are on the lease and they will have to put both of our names in collections even though it was were bounced check. Any advice would be helpful

 

[BoredAtty]

What is the name of your state? Illinois
My roomate and I moved into an apt last june. She was a co worker so I thought it would work out nicely. She did not have a checking account because she said she had problems in the past. I was fime with her giving me cold hard cash and I payed everything by checks. About three or four months ago...I still need to get everything from my bank...she decided to get a checking account. She wrote me out a check and that happened to bounce. I already paid all the bills and luckily i had enought money in my account to make all my checks go through. I told her I wanted cash. By the time I found out about my bounced check, the rent was due in just about two weeks. She said that she would pay the full amounts rent. That was for April. We just recently moved out 2 weeks early from our lease and i moved into a new lease with someone else. Yesterday the apt complex called me to tell me that there is still a balance due that her check bounced and that they can not get a hold of her. Funny thing is...neither can I. Ihave left her messages on her phone. All i get are voicemails. I have never even thought of sueing someone before. I am only 23 years old and I now I have to take her to small claims court because since both of our names are on the lease and they will have to put both of our names in collections even though it was were bounced check. Any advice would be helpful

Okay, the facts seem to be:

(1) You tried to cash your roommate's check for half the rent, but it bounced.
(2) Since you ended up paying the entire month's rent (because of the bounced check), your roommate was going to make it up by paying the following month's rent in its entirety, and did write a check to the landlord for the full amount.
(3) The check to the landlord also bounced, and now the landlord wants you to pay for that month's rent as well.

Here is my recommendation: Pay the landlord the full amount owed. Send your ex-roommate a letter via certified and first class mail (so send two letters) to her last known address that demands that she pay the amount of the bounced check (the one she gave to you) within 30 days. You should also use the letter to demand that she pay you for her half of the last month's rent as well.

When she does not pay, sue your ex-roommate in small claims for (1) the face value of the check, plus three times the face value of the check (up to $1,500), plus attorney fees and court costs; and (2) her contribution for the last month's rent.

Because you can sue for attorneys fees, you may want to hire one. However, be advised that even if you win, collecting on a judgment may be difficult or impossible if she's a true deadbeat.



Legal authority: Sec. 17‑1a. Civil Liability for Deceptive Practices. A person who issues a check or order to a payee in violation of Section 17‑1(B) (d) and who fails to pay the amount of the check or order to the payee within 30 days following either delivery and acceptance by the addressee of a written demand by both certified mail and by first class mail to the person's last know address; or attempted delivery of a written demand sent by both certified mail and by first class mail to the person's last known address and the demand by certified mail is returned to the sender with a notation that delivery was refused or unclaimed, shall be liable to the payee or a person subrogated to the rights of the payee for, in addition to the amount owing upon such check or order, damages of treble the amount so owing, but in no case less than $100 nor more than $1,500, plus attorney fees and court costs.
A cause of action under this Section may be brought in small claims court or in any other appropriate court. As part of the written demand required by this Section, the plaintiff shall provide written notice to the defendant of the fact that prior to the hearing of any action under this Section, the defendant may tender to the plaintiff and the plaintiff shall accept as satisfaction of the claim, an amount of money equal to the sum of the amount of the check and the incurred court costs, and service and attorney fees.