LL Seeking Backrent / bad check too

[truth_seeker]

What is the name of your state? Illinois
LL trying to recoup 2 month's backrent from tenant who moved out in early 2004.

Lease was signed by 2 roommates (boyfriend/girlfriend). The girl wrote a bad check for 1 month's rent, but promised to make good (never did). Besides the bad check, they also got behind for another month.

How would you go about suing? My state allows treble damages for bad checks. Should I file complaints on both roommates for non-payment of rent, and another on the girl for writing the bad check? Is this small claims? (total amount around $2500)

If I sue both roommates, do I sue for the total amount owed (or do I sue each for half)? There was nothing in the lease about how they would divide up the rent.

The roommate who wrote the bad check is receptive to repayment discussions. However, she has made only 1 payment in the last 8 months, after agreeing to a 12-month total pay-off schedule (she was going to pay for both of them). The other roommate will not even discuss repayment. I have their current contact info, and that makes me think I should act now (while I know where they are). I don't think they have much in assets though. Would probably have to garnish their wages.

I e-mailed the girl this weekend, and once again got her to agree to send me some money next week. But, she has made that promise before. I can wait another week to see if she starts paying. I'm trying to be nice and not cause her all kinds of legal and credit problems, and add'l expenses.

I am ambivalent about going for the courts, because I know I'd have to pay some legal fees up front, and if she has no money, then how would I recover even those expenses? If I go through the courts and win a judgment, how long does it take to get the money? I'm wondering if I would get it quicker by just keeping on her every month.

 

[FarmerJ]

Have you read your states laws for bad checks ? Do that regarding notices that you would have to send .and plan on filing in small claims court for the difference owed . Talk with a local atty to make sure that doing it that way would work with your states laws . The reason being is that the bad check may be a be a criminal matter if it meets a certain criteria . example In Mpls the city atty will not prosecute any bad check that is less than 500.00 But in the rural county wich I live in the court treats all offenses as fundraisers with the fines they collect and will prosecute on any bad checks no matter what the amount . So any way make sure you seek the advice of a atty to know for sure if this is the best way to go in your area . Try the links up top to find a local atty .

 

[truth_seeker]

I've gone to the State's Atty website, but the laws are not listed there. I've found a couple of county websites that give some info. But, no, I haven't been able to read the complete laws on Bad checks for Illinois.

Now that it is Monday, I can call the state's atty office for help with the letter of the law. If you know of a website with the laws spelled out, I'd love to know.

I would definitely hire an atty if I decide to sue tenants. Just not sure I'm ready to make that move yet. I am still very interested in hearing from LL's about their success in suing, and if they win, how much and how long does it take to recover damages? I hear you have to search out their assets once you have a judgment. I'm wondering if it is worth it. Also hoping that just the threat of suing might make them pay. But, not wanting to make that threat until I know I can follow through.