• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Evidence needed for case against former roommate for utilities payments

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

IMTime

Member
What is the name of your state? Florida

Hello, I've filled a small clams case against my former roommate for unpaid utilities payments and I'm wondering what evidence I need to present. I paid the utilities and both of my roommates agreed to pay me for one third, but this roommate hasn't paid all of it. I have the utilities bills and past payments he made to me via PayPal. Is a print out of these, such as a screen shot, good enough? The city doesn't send paper bills. Could I show the judge my utilities and PayPal accounts from my laptop? There is also the lease which states the tenants should agree on how the utilities bills are split. My other roommate also said he was willing to be a witness.
 


quincy

Senior Member
What is the name of your state? Florida

Hello, I've filled a small clams case against my former roommate for unpaid utilities payments and I'm wondering what evidence I need to present. I paid the utilities and both of my roommates agreed to pay me for one third, but this roommate hasn't paid all of it. I have the utilities bills and past payments he made to me via PayPal. Is a print out of these, such as a screen shot, good enough? The city doesn't send paper bills. Could I show the judge my utilities and PayPal accounts from my laptop? There is also the lease which states the tenants should agree on how the utilities bills are split. My other roommate also said he was willing to be a witness.
Do you have in writing how you and your roommates were to split utility costs? Or was the division of costs an oral agreement?
 

adjusterjack

Senior Member
In small claims court you tell your story, present what you have and hope it goes your way.

Your case would be a lot stronger if you can get the paying roommate into court to testify as to the agreement.
 

quincy

Senior Member
We agreed over text but those are in my old phone that died.
You will want your witness-roommate with you in court to testify to the oral agreement.

Anything you have to support the agreement on sharing utility costs can be used in your small claims action. It is unlikely that the roommate will challenge the authenticity of the utility bills but the roommate might say s/he paid.
 

OpenLaw

Member
This is a recent court case in 2013, which clarifies some of the Rules about Small Claims in the State of Florida. This was really interesting to read.
"The parties should be entitled to request the court to begin using the Florida Rules of Civil Procedure. See Fla. Sm. Cl. R. 7.020 (providing that the Florida Rules of Civil Procedure may apply to an action proceeding under the small claims rules by order of the court or stipulation by the parties). A shift to these rules, however, is not a change of “jurisdiction” or a transfer to another court.2 At all times, the proceeding is filed in county court under the jurisdictional rules governing *1018 county courts. See § 34.01, Fla. Stat. (2005)." LaSalla v. Pools by George of Pinellas Cty., Inc., 125 So. 3d 1016 (Fla. Dist. Ct. App. 2013).

You have the Small Claims Rules, these are the Local Rules in the Court Policy in the County which Dicta [ That Evidence] in Small Claims. Than you have the Florida Rules of Civil Procedure that the State uses [ General rules]. Only unless you request this *If ("May") Granted* "by order of the court or stipulation by the parties." Research the Local Court rules, ask the Clerk. Evidence should follow the Rules because it needs to be Admissible.
To play safe, Paper documents , Affidavit of its Authenticity and Substantiated, passes the usual Evidence Rule.

This was the 2nd District Court of Appeals on the State Level, this should be a Binding Authority.
 

quincy

Senior Member
This is a recent court case in 2013, which clarifies some of the Rules about Small Claims in the State of Florida. This was really interesting to read.
"The parties should be entitled to request the court to begin using the Florida Rules of Civil Procedure. See Fla. Sm. Cl. R. 7.020 (providing that the Florida Rules of Civil Procedure may apply to an action proceeding under the small claims rules by order of the court or stipulation by the parties). A shift to these rules, however, is not a change of “jurisdiction” or a transfer to another court.2 At all times, the proceeding is filed in county court under the jurisdictional rules governing *1018 county courts. See § 34.01, Fla. Stat. (2005)." LaSalla v. Pools by George of Pinellas Cty., Inc., 125 So. 3d 1016 (Fla. Dist. Ct. App. 2013).

You have the Small Claims Rules, these are the Local Rules in the Court Policy in the County which Dicta [ That Evidence] in Small Claims. Than you have the Florida Rules of Civil Procedure that the State uses [ General rules]. Only unless you request this *If ("May") Granted* "by order of the court or stipulation by the parties." Research the Local Court rules, ask the Clerk. Evidence should follow the Rules because it needs to be Admissible.
To play safe, Paper documents , Affidavit of its Authenticity and Substantiated, passes the usual Evidence Rule.

This was the 2nd District Court of Appeals on the State Level, this should be a Binding Authority.
OpenLaw, please explain in your own words how what you wrote applies to IMTime, so IMTime can better understand. Thanks.
 

Sponsored Ad

Top