L
LilKatzen
Guest
The Background:
The State is California. My Boyfriend sublet a room in the house he was renting to a couple. The couple put an 800 dollar deposit on the room. The couple broke up, she moved out. The contract notes BOTH parties as renters of the room. About two weeks after she moved out, unfortunately my boyfriend had to do some time in jail (unrelated). My boyfriend had no way of contacting this woman to discuss the returning of her part of the deposit. A week after the woman (who sublet the room) moved out, her now ex-boyfriend that stayed for two weeks longer than her, gave 30 days notice. At the time this man gave his 30 days notice, my boyfriend was already in jail. I was taking care of my boyfriends business as well as the house. The woman approached me and demanded her deposit back from me. I told her that this is between her and my boyfriend. She asked me when he was getting out. I told her I did not know. Before I could give her at least an approximate date, she started cussing at me and telling me how stupid I was for not knowing.
Now to the issue:
Sorry, wanted to give some background. Although she knew that my boyfriend was in jail, she filed a small claims case against my boyfriend for 3 times the amount due to her and had him served while he was in jail.
Now the question:
My boyfriend does not deny that he owes her some of her deposit back. But it certainly is not 1,300. They had never discussed it. She had never contacted him before he went in jail. She was fully aware of when he would be going to jail. There is no question that my boyfriend owes her some money. So, I am afraid he might lose the case, because of that fact. Which I am assuming would make my boyfriend responsible for the court costs. But, how can she sue somebody when this person is physically unable to address this issue because of him being in jail?
My Thought?:
I would think that you have to at least TRY and give a person a chance to settle this issue before you sue them. I really feel that this is a malicious law suit. I would love to know if this would fall under the grounds of a malicious law suit and if so, would it be recommended that he counter sues under those grounds, or shall we just explain to the judge when we go to court that it was not possible to settle this issue until he got out of jail which turned out to be only 45 days. In any case, I don't think it would be fair for him to pay the court costs if he didn't even have a fair chance to settle this issue. Comments will be greatly appreciated. Thank you.
The State is California. My Boyfriend sublet a room in the house he was renting to a couple. The couple put an 800 dollar deposit on the room. The couple broke up, she moved out. The contract notes BOTH parties as renters of the room. About two weeks after she moved out, unfortunately my boyfriend had to do some time in jail (unrelated). My boyfriend had no way of contacting this woman to discuss the returning of her part of the deposit. A week after the woman (who sublet the room) moved out, her now ex-boyfriend that stayed for two weeks longer than her, gave 30 days notice. At the time this man gave his 30 days notice, my boyfriend was already in jail. I was taking care of my boyfriends business as well as the house. The woman approached me and demanded her deposit back from me. I told her that this is between her and my boyfriend. She asked me when he was getting out. I told her I did not know. Before I could give her at least an approximate date, she started cussing at me and telling me how stupid I was for not knowing.
Now to the issue:
Sorry, wanted to give some background. Although she knew that my boyfriend was in jail, she filed a small claims case against my boyfriend for 3 times the amount due to her and had him served while he was in jail.
Now the question:
My boyfriend does not deny that he owes her some of her deposit back. But it certainly is not 1,300. They had never discussed it. She had never contacted him before he went in jail. She was fully aware of when he would be going to jail. There is no question that my boyfriend owes her some money. So, I am afraid he might lose the case, because of that fact. Which I am assuming would make my boyfriend responsible for the court costs. But, how can she sue somebody when this person is physically unable to address this issue because of him being in jail?
My Thought?:
I would think that you have to at least TRY and give a person a chance to settle this issue before you sue them. I really feel that this is a malicious law suit. I would love to know if this would fall under the grounds of a malicious law suit and if so, would it be recommended that he counter sues under those grounds, or shall we just explain to the judge when we go to court that it was not possible to settle this issue until he got out of jail which turned out to be only 45 days. In any case, I don't think it would be fair for him to pay the court costs if he didn't even have a fair chance to settle this issue. Comments will be greatly appreciated. Thank you.