I put together a spreadsheet and - giving him some breaks - he owes me $7,520. I plan to sue him in Small Claims and have gathered evidence proving the total number (sublease plus various Facebook messages where he acknowledged how much he owes). But I have to do this first:
'Send a formal demand letter to the person you have a dispute with (also known as the “defendant” after you sue them). This means you should write a letter to the person, state how much money they owe you and why, and send it to them in writing, ideally priority mail with tracking. This is important even if you’ve already talked to them and they’ve refused to pay you the money, because when you go to court, you will tell the judge that you tried to ask for what you are owed and resolve it outside the court.'
I've prepared an adapted version of a letter generated by https://www.courts.ca.gov/11145.htm but I don't have his current address. I do know his workplace (it's 3 blocks away from my apartment). Should I deliver it in person? Is email OK? Do I have to hire someone to find his new address?
I've sent him FB and IG messages (no formal demands with the total, but like, "pls pay me") that are still on unread. :/ Last he read my messages or replied to anything was Nov 22. I'll try sending screencaps (letter and spreadsheet) on those platforms, but I'm not optimistic about him opening them.
Date: February 5th, 2022 8:18 PM Author: Accurate at predicting vs Measures of probability (gunneratttt)
it's personally embarrassing to get served at work. which is the primary reason people do it. i think it's a low blow move. but like i said, if there's no other option it is what it is.
if i were you i'd message the dude on insta and say "i need to serve X with a demand for the rent he owes me. do you have his current address? my only other option is to serve him at work, but i don't want to embarrass him"
JUST sent the guy: "hey [friend]! do you have [asshole]'s current address? i have some important mail for him and he hasn't answered my texts since november. i was hoping to just mail it to him"
So I didn't get the chance to reply to this earlier. But basically: I'm tired of giving him more and more chances and trying to stay friends, especially with all the drama he introduced that was unrelated to the money. He was the most egomaniacal person I've ever met and he used the shit out of me. OH YEAH another thing is that he helped himself to my weed when I was out of the house... basically just a selfish dick all around.
I'm just so fucking done with him and have so much (justified IME) resentment built up that I WANT this experience to be as difficult as possible for him. The stuff I've been poasting about distraining his electronics is KINDA flame but something I really fantasize about. And in the same way, I would fucking LOVE to humiliate him at work. 😤😤
Date: February 5th, 2022 8:00 PM Author: Accurate at predicting vs Measures of probability (gunneratttt)
get cslg to do this pro bono for the memes. please.
certified mail is the go to route if actual service is not required. most small claims courts have some information packet for pro se litigants that will include everything you need.
Date: February 5th, 2022 8:14 PM Author: Accurate at predicting vs Measures of probability (gunneratttt)
it would just be hilarious to cslg send him an over the top demand letter with his firm letterhead. this isn't anything you can't handle for yourself. it would mostly just be funny and for bort content.
Date: February 5th, 2022 8:37 PM Author: Accurate at predicting vs Measures of probability (gunneratttt)
getting the money is always the hardest part in shitlaw, i've heard. most people are judgment proof and not worth the effort. tbtp is going to get a piece of paper saying dude owes her $7k. actually getting it is hard.
i don't think most courts will automatically garnish his wages with the judgment. i think you have to take the judgment somewhere else and get the garnishment if he doesn't pay. this is an area i've only looked at minimally so idk, and every jx is going to have their own shit so i have no idea what it's like in cali. but, yeah, actually getting paid is going to be the hardest part. getting the judgment will be simple.
Date: February 5th, 2022 8:44 PM Author: Accurate at predicting vs Measures of probability (gunneratttt)
great odds he doesn't show up to court and you get a default judgment. and great odds he ignores your attempts to collect. and great odds if you do garnish his wages he'll just go to a different bar, perhaps working under the table. if you do garnish what will they take, like $20 a pay period?
tons of people go into collection even if they have family that can pay for it. most of them are content to be closet deadbeats rather than reveal shit to family. depends on the person and you're the only one that knows him, though.
I'm pretty sure his parents have money - they own multiple properties and live in Palm Springs - so hopefully he'll go crying to them now that there's an actual threat.
Date: February 5th, 2022 8:41 PM Author: Bronze center
that would actually be a great outcome.
if you do determine that he works where you think he works, may i suggest that you use the sheriff to serve him with court papers (assuming that's permitted). that will make a bigger splash than some stoner kid working for a process server.
Thank you! Honestly I'm not stressing about serving him once I've filed; pretty sure I can have someone (sheriff or zoomer bf) do it at his workplace. I'm just worried about this first step of demanding the money before I take it to court.
Unless you are in Minnesota or Louisiana, you can actually send it to your own address, since he is an ex-roommate and it is his last known address. You can then simultaneously send him a demand letter via Instagram. If he doesn’t show up at small claims court, you can demonstrate that you attempted to provide him with a physical copy of the demand letter and you will get a default judgement in your favor. He can still appeal, but by then it’s your money to lose.
Oh shit that's fucking awesome. I'm in CA. It does feel a little cheap, though, and I already know he didn't set up a forwarding address so I don't know if I can claim I made a good-faith effort...? So maybe I can do that AND insta AND mail it to his employer?
OK so I actually have a question about the letter itself. I just realized the thing the site generated doesn't quite make sense: https://imgur.com/a/N5FvoQK
First I say we can come up with a payment plan and to contact me by Feb 21; then I say I expect the money by Feb 21. Should I make the second date later, second number smaller, or re-word that part somehow?
Thanks! So I'll just say that he needs to pay me all of the money at once and we'll go to court if he doesn't. Is he allowed to say like, "that's unrealistic"? I mean technically he's had months and months to pay me so it's not that sudden. I could make it Feb 28 instead of Feb 21...
Date: February 5th, 2022 9:40 PM Author: Accurate at predicting vs Measures of probability (gunneratttt)
no, it's not unrealistic or illegal to demand past due money you are owed. afaik no jx requires a debtee to offer a payment plan or anything like that. sounds like cali requires you to make a demand before proceeding with litigation. that doesn't require you to settle for anything beyond FULL PAYMENT RIGHT NOW like you're owed. you can choose to settle for less or do a payment plan, but i doubt you're legally required to.
hate to keep making this disclaimer but i feel compelled to: not a calimo and i know next to nothing about shitlaw.
"Based on the foregoing, I expect payment in the amount of $7,520.00 made payable to me, [address] no later than February 21, 2022. [...] If the full sum of payment is not received by that date, I expect to have agreed to a payment plan (in writing) resulting in the debt fully paid by May 31, 2022. If you decide to ignore this demand for payment, I will further pursue all of its legal remedies without further notice to you. This letter serves as evidence that I have attempted to resolve this matter informally. "
OK so right now I'm going to email him the letter and send an image of it on instagram and over text (though he didn't have a mobile plan when he moved out so who knows if he does now).
Then, on Monday, I'm going to mail hard copies of the letter to my address (last known address) and to his workplace via priority, certified mail.
The letter demands the payment in full by Feb 28, 2022.
How would you guys proceed? I'm thinking of proposing a payment plan of $2500/mo (after he sends me the $2K) and having him sign something agreeing to it. And then we can go to court if he doesn't follow through.
lol cr the friendliness here is an acknowledgement that he's fucked (the delay in response probably came from confirming), not some plea for genuine friendship (he's a scumbag who ripped you off and disrespected you all along the way)
I'm thinking of saying like, "sure send me the $2K and then we can talk about what to do with the balance"
I would say it seems cheap to turn right back around and sue him, but he even said in his messages that he understands if I need to take him to court. He definitely has a history of pretending to be cooperative and apologetic as a manipulation tactic and then turning around and not following through with shit. For once I might actually call his bluff.
Date: February 7th, 2022 2:46 PM Author: Accurate at predicting vs Measures of probability (gunneratttt)
i'd get him on the payment plan and try to avoid court if possible. take the $2k and make sure he keeps paying. if he stops paying or communicating with you then send a new demand letter and proceed to court. i would assume him acknowledging this and then actually paying you would be sufficient for a judge to find that you sent a demand letter. and sending a new one if you wind up having to go to court later would seal the deal.
doubt this dude is going to be able to afford $2.5k a month considering he's only managed to save $2k for you since nov. ask what he can afford and take it if it's reasonable.
Makes sense as an overall strat but I don't know about taking it slow. It'll stretch out forever. He'll miss a payment and come to me begging for more time and he'll guilt me until I cave. And he'll do it again and again. I really think his parents have the money and that he can do the $2.5K if he NEEDS to.
"considering he's only managed to save $2k for you since nov"
He's only BOTHERED to save $2K for me. When he lived with me he was ordering Postmates for every meal while failing to follow through on our plan of $200 per paycheck. He was never actually trying. Maybe he is now, and I know $2500 is a lot even if he does prioritize paying me, but like, that's his problem.
Date: February 7th, 2022 3:30 PM Author: Accurate at predicting vs Measures of probability (gunneratttt)
you're in the debt collection business now bruv. and even they don't take people to court if the person is paying their debts. every debt collector is frustrated to see their debtors frivolous spending instead of making paying off their debt a priority.
the threat of taking him to court is the best leverage you have right now. if you actually take him there and get a judgment he might just be like "fuck it, let her try and collect it". if i were you i'd take what i can get and try to keep him happy and paying.
Date: February 7th, 2022 3:14 PM Author: richard clock
take the 2k, get him to acknowledge the 5.5K balance and agree a payment plan in writing, with a hard date for the full balance to be paid. keep it out of court if you can, but the documentation will help if you need to escalate.
Date: February 7th, 2022 3:21 PM Author: supple friendly grandma electric furnace
Get the 2k first, then make the payment plan a formal contract. Include 10% interest if he fails to pay any payment. Mention its governed by CA law. Just put in an attorneys fee clause for the fun of it so if you need to you can hire an attorney and have him pay the fees.
Once you have the signed contract if he stops paying you can just take him to small claims, will be easier. You probably also put in the contract that you have a lien on his wages but that is more complicated, you'd have to have some sort of judgment by the court or something. Not sure..
Date: February 9th, 2022 9:33 AM Author: Accurate at predicting vs Measures of probability (gunneratttt)
lmfao welcome to the world of collecting unsecured debt. debt buyers pay between 5% to 15% for unsecured debt. meaning, if you tried to sell this debt to a debt collector, they would value it about $750. you're finding out why. it's going to be very hard to get blood from a stone.
Date: February 9th, 2022 7:21 PM Author: Accurate at predicting vs Measures of probability (gunneratttt)
lmfao how are you even planning on responding to this?
this is the type of mentality that so many deadbeats have. "oh you'll get your money i gotchu just a little tight right now. btw just copped a PS5 you wanna hop on and play some shit sometime?"
like, i don't even think they realize how infuriating their behavior is sometimes.
Date: February 9th, 2022 7:42 PM Author: Accurate at predicting vs Measures of probability (gunneratttt)
isn't this the same weak bullshit that allowed him to not pay you rent for like 11 months and leave you with the bill? you just sent him a formal demand letter about how you're talking him to court. he was like "haha oh wow ok i'll pay". then says "oops actually i'm a little short, but how about you come to this party i'm totally spending money on?".
good idea about getting his address but after that need to keep hammering him about SOLID DATES and remind him YOU WILL FILE IF HE DOESN'T MEET THE DEADLINE. he's just going to walk all over you again and your first instinct about "♥️" leads me to believe you're going to buy his deadbeat bullshit and not have the backbone to collect.
Date: February 9th, 2022 8:31 PM Author: Accurate at predicting vs Measures of probability (gunneratttt)
"yeah i can probably swing buy, what's your address?"
"cool! it's 123 deadbeat lane."
"great! maybe i'll see you there. btw, can you have me a firm date when i can get the 2k?"
"yeah how about 2/14?"
"ok, awesome! and i don't want to make this ugly or anything, but if it's delayed again i'm filing on 2/15. after you get me the $2k we can work out a payment plan for the remainder. hope to see you at your party, i bet it'll be a blast! ❤️❤️❤️"
Date: February 9th, 2022 8:36 PM Author: Accurate at predicting vs Measures of probability (gunneratttt)
good luck.
you've gotta staddle the line between being friendly enough he doesn't just say fuck it but stern enough that he keeps paying. he fucked you for 11 months and probably thinks he can do it again. i think it's appropriate for specific ultimatums. like, "hey i don't want to be a bitch but considering how long this has gone on i can't just keep extending and hounding you for this. after we set the deadlines if you don't pay i don't have any choice but to file because i can't keep hounding you. but if you do we can still be super cool best friends! see you at your party (maybe) ❤️❤️❤️"
Date: February 11th, 2022 12:10 AM Author: ferengi
Yoooo guys I got my money!
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Haha just kidding. This morning he asked if he could swing by today to pick up his mail, and I wrote back: "yay! please deposit the checks first since you have time. i am still WFH, should be home all day"
Date: February 11th, 2022 1:35 AM Author: Talented Pit Wrinkle
If he doesn’t give it to you, you know for sure he is avoiding being served. So you have to crank it up a notch, write a letter of demand that meets the CA small claims requirements, and serve the letter on him formally in a way that meets the CA service requirements. I don’t know the CA specifics for those things, but it may involve you giving it to him in person when he comes for his mail: “Hey Bob, great to see you, here’s another letter for you, BAM you’ve been served”.
He wrote back on Monday saying that he could get me $2,000 the next day. I was like, "OK and then we'll talk about the remaining balance afterward." He's been making excuses and still hasn't sent it.
But at the VERY least, the letter ensures that I can sue him if I haven't gotten it by the 28th.
Date: February 11th, 2022 1:40 AM Author: Orange adventurous kitty cat
The world really is fair in some funny ways. You once betrayed a landlord, and now some retarded gay degenerate is running circles around you with like ten grand.
"Hey yea go ahead and forward those to me if you can. My addy is [address]. Hey I know I’ve owed you money for a little while now but I was wondering if it’d be cool to give me a little more time? I was wondering if you can extend it to sometime in March or April like originally in a previous message. Long story short, [last employer] checks bounced and I’ve been trying to borrow money from friends and so far nothing. I can give you what I have right now but my bday is like right around the corner and I wanted something to work with. What do you think? Can I maybe buy more time with $500?"
Date: February 11th, 2022 6:40 PM Author: Bronze center
Lol. I love these people. They're all the same. Little rats scrambling just to try and make it til tomorrow so they can do it all again.
Not that I condone violence, but there's something to the concept of people having to think twice about being scum because they fear the possibility of getting the shit kicked out of them.