Small claims summons

[aubrey]

Ok, I have several questions for anyone willing to offer a bit of insightful advice!!

Last June I moved in with a girl who I did not know, however, she had an ad in the local newspaper looking for a roommate. I met her and decided it would be safe for me to move in, for it was my understanding and intention not to be locked into any rental agreement with her or the landlord. Since I did not previously know my roommate I wanted the ability to leave at once if there was a problem. When my roommate's hostility toward me became an ensuing problem (she disconnected the phone with no notice to me and said I needed to transfer all bills into my name since she would be staying with her boyfriend most of the time), I decided I could no longer comfortably live on the premises; therefore, on September 29, I moved out. I left her a brief letter which stated the following:
"since you are forcing me to leave this apartment, I've decided to leave today, Sept.29, 2000. I will not be paying the October rent because I will need it for a new place. It is unfortunate things did not work out. Please do not contact me. Send all final bills to:" (my parent's address...since I did not yet have a place to live)

I also have a copy of this letter.

So, recently I received a court summons which stated that she is suing me for $388.64 for final bills. I was irresponsible in not retrieving my mail from my parents' home in the past few weeks; I called them immediately after I received the summons and they said "oh ya, there are a couple of bills here for you." I will gladly pay my share of those two bills, however, that amount only comes to $140.00. Her statement on the summons just says I am suing the defendant for$388.64 for final bills. I am assuming she is also suing for the October rent, however, even so, the amount does not come to the dollar amount she is requesting from me.

QUESTION 1: DO I TRULY OWE HER FOR THE OCTOBER RENT SINCE I DID NOT GIVE HER NOTICE, EVEN THOUGH I DID NOT HAVE ANY SORT OF VERBAL OR WRITTEN RENTAL AGREEMENT (NO BILLS WERE UNDER MY NAME, ETC)??

QUESTION 2: HOW DO I FIND OUT WHAT THE BREAK DOWN IS FOR THE $388.64 SHE IS REQUESTING??

QUESTION 3: IF I AGREE TO PAY THE REQUESTED AMOUNT, WHERE DO I SEND THE CHECK..TO HER OR TO THE CLERK OF COURTS?

QUESTION 4: CAN WE SETTLE THIS OUT OF COURT? IF SO, HOW?

QUESTION 5: WHAT HAPPENS IF I FILE A WRITTEN ANSWER AGREEING TO PAY FOR THE FINAL BILLS I RECEIVED TOTALING $140.00, BUT NOT FOR THE RENT WHICH I DO NOT FEEL I OWE? WHO ACCEPTS OR REJECTS MY WRITTEN ANSWER?

Thank you very much to anyone willing to share their input with me on this one. I'm sure I sound like a babblin' idiot, but hey, i'm new at being sued. It's kinda freaky and ego-deflating. Any jokes you may for me will also be appreciated, I need to laugh.

Respectfully,

aubrey

 

[aubrey]

Oh, I forgot to include that I reside in Oshkosh, Wisconsin (Winnebago County)

GO PACK GO

 

[aubrey]

One more thing from the scatter-brained blonde.

While I lived there I sent my half of the rent directly to the landlord. I do not know if that makes a difference in declaring whether or not I needed to give my roommate notice or not, but I thought it might be important. She is the one suing me, not the landlord.

Aubrey

 

[I AM ALWAYS LIABLE]

My response:

She was your landlord. By law, you had to give her 30 days Notice of your intent to leave. You didn't, you owe her the rent for October.

Let her sue you. It's not a MILLION DOLLARS. Let her prove her case, and prove each and every penny. It's an excellent learning experience also. Seriously, this is not the United States Supreme Court we're talking about. It's only Small Claims court.

However, prior to your case being called, the Bailiff will tell everyone - - "Go outside and see if you can settle. If you can, the Plaintiff can come back and tell me it's settled, and I'll dismiss the case. If you can't settle, come back in and your case will be heard by that huge, omminous, godlike, potentate and dictator, the judge of Small Claims Court." Oooooh, scary !!

Have fun. It really is a blast, win, lose, or draw.

Oh, and bring all of your evidence of your payments you made to the landlord, and all other stuff with you.

IAAL

 

[aubrey]

My thanks to I AM ALWAYS LIABLE! I needed a good laugh! Gosh, 'who da' thought I'd learn so much from being sued. Now I find myself practically addicted to this FreeAdvice webpage....it gives me food for thought. Sad huh, on a Friday night besides! I guess that's wha happens when you're sued. Ha HA

Aubrey

 

[I AM ALWAYS LIABLE]

My thanks to I AM ALWAYS LIABLE! I needed a good laugh! Gosh, 'who da' thought I'd learn so much from being sued. Now I find myself practically addicted to this FreeAdvice webpage....it gives me food for thought. Sad huh, on a Friday night besides! I guess that's wha happens when you're sued. Ha HA

Aubrey

My response:

Well, it's nice to have you aboard this train we call Law. Addicted? Just look at my Board name to the right, and look at my "stats". I have logged more than 5,000 responses in my time here. Addicted? Na, nothing like that !!

Y'all come back now, ya'hear?

IAAL