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Want to Sue Former Roomate

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GTR

Junior Member
Wisconsin


Here is my situation...

Approximatly 2 years ago, my girlfriend and a now former friend of mine rented a duplex together. We had lived there for about 5 months before moving out (due to landlord not fixing things, the lease was honorably canceled).

The friend who lived there never paid his portion of bills, including electric and for internet service. Not to mention, he always used my cell phone which racked up lots of daytime minutes on the phone.

It has been about a year and a half since we all have went our seperate ways, and he still has not paid the money that he owes. He owes $300 for Electric, $75 for Internet Service, and still owes us $140 for the security deposit cuz he didn't have the money to pay to move in (I guess that should have been our first clue!) We have contacted him many times about him making payments, but he keeps telling us to leave him alone because he is never going to pay it and that we are harrasing him. As far as I know, trying to collect on a debt owed for bills is not harrasment?

Just to note I was sent to collection on the Electric bill because he never paid. We made many payments on it afterwards, but still owe his portion which we cannot afford.

I guess my question is, are we able to take him to small claims court for the money owed even if I still owe a collection agency this money because the bill was on my name?

If so, are we able to have the courts garnish his wages once we win the small claims suit? And any filing fees...who would be responsible for those...us or him??

Also, we lived in a city about 20 minutes south of here when all this happened, would we have to take him to court in that city or are we able to do it in the city we currently reside in?

Thanks in advance for any advice anyone might have...I really want to get this taken care of...I tried to avoid taking legal action, but it has gone on to far...and he's far to rude to just make things right.What is the name of your state?
 


JETX

Senior Member
GTR said:
are we able to take him to small claims court for the money owed even if I still owe a collection agency this money because the bill was on my name?
Yep.

If so, are we able to have the courts garnish his wages once we win the small claims suit?
Yes.

And any filing fees...who would be responsible for those...us or him??
The court will automatically add any of their costs to the judgment.

Also, we lived in a city about 20 minutes south of here when all this happened, would we have to take him to court in that city or are we able to do it in the city we currently reside in?
Small claims suits must be filed in the county that has jurisdiction over the matter. In most cases jurisdiction is determined by one or more of the following:
* Where the claim arose;
* Where the property which is the subject of the claim is located; or
* Where the defendant resides or does substantial business.
 

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