What is the name of your state (only U.S. law)? Indiana
My former roommate/friend and I had plans on living together the upcoming school year and signed a lease together. I however then made the decision to transfer to a different college. I knew that backing out of the lease would lose me the $450 deposit. To try and save the friendship, I offered to sublease so that the friend would not have to also back out of the lease. She was angry and refused this offer. To avoid 4 more months of hostile living arrangements, I offered to reimburse her for her half of the $900 deposit on my own terms. She agreed to this and I wrote her a note saying that I would repay her when I was able to.
Being an unemployed college student, I have only been able to repay her $200. She now claims I owe her all the money by August or she will sue me in small claims for the remaining $250. I know I won't be able to pay her. If she takes me to small claims, I've been advised by family to countersue for personal damages. While living together, she consumed peanuts in my presence fully knowing that I have a severe peanut allergy. I had to administer an epipen and suffered an allergic reaction.
So my questions...
1- Since I am showing that I'm attempting to repay her, if she won, would the judge demand I pay upfront?
2- Can I counter sue for the induced allergic reaction on her part?
3- Is there any way I can seek a dismissal of all charges (mine for hers)?
4- If she does win, is there any way I could still get out of paying her? I don't own any property or real estate, and as stated before, I'm unemployed and have no wages to garnish. I can prove that all the money I have in my possession is way below the poverty line, and is vital for my basic survival.
Sorry for the novel, but thank you for the help!
My former roommate/friend and I had plans on living together the upcoming school year and signed a lease together. I however then made the decision to transfer to a different college. I knew that backing out of the lease would lose me the $450 deposit. To try and save the friendship, I offered to sublease so that the friend would not have to also back out of the lease. She was angry and refused this offer. To avoid 4 more months of hostile living arrangements, I offered to reimburse her for her half of the $900 deposit on my own terms. She agreed to this and I wrote her a note saying that I would repay her when I was able to.
Being an unemployed college student, I have only been able to repay her $200. She now claims I owe her all the money by August or she will sue me in small claims for the remaining $250. I know I won't be able to pay her. If she takes me to small claims, I've been advised by family to countersue for personal damages. While living together, she consumed peanuts in my presence fully knowing that I have a severe peanut allergy. I had to administer an epipen and suffered an allergic reaction.
So my questions...
1- Since I am showing that I'm attempting to repay her, if she won, would the judge demand I pay upfront?
2- Can I counter sue for the induced allergic reaction on her part?
3- Is there any way I can seek a dismissal of all charges (mine for hers)?
4- If she does win, is there any way I could still get out of paying her? I don't own any property or real estate, and as stated before, I'm unemployed and have no wages to garnish. I can prove that all the money I have in my possession is way below the poverty line, and is vital for my basic survival.
Sorry for the novel, but thank you for the help!