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SUING EX-ROOMMATE in Small Claims Court, Need Some Advice
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Date: April 22nd, 2016 2:06 AM Author: racy step-uncle's house dysfunction SUING EX-ROOMMATE in Small Claims Court, Need Some Advice
My roommate left with no notice (moved out while I was at work without telling me) on April 1st (lease goes until Sept 15th) for complicated reasons. I can explain later but let's assume worst case, I was a bad roommate because I was disturbingly loud. Roommate
- Took all of the furniture, including what we split for $600 and agreed at the time would be paid for in full by whoever ended up keeping it - Left $800 of damage to the carpets (had terrible cats) that was a stated dealbreaker for the prospective tenants that have visited - Left other damage that hasn't been assessed yet but probably won't be too bad, like scratches on the wall and door frames and doors (maaaybe the apartment will insist on replacing the door but I doubt it) - Left a fucking FLEA INFESTATION THAT TOOK UNTIL YESTERDAY TO EXTERMINATE.
We've been emailing back and forth since and haven't come to an agreement. We've both gone up and down with our negotiations. Currently I am asking for
- Rent ($800/mo) until a tenant moves in. I will sign a notarized document that states that in order to claim this money, I must make a good faith effort to replace the roommate. I have been trying hard so far, but ever since the flea infestation got really bad (April 9th) I haven't been able to show anyone the apartment. Plus the carpet is disgusting. - $300 for the furniture - $800 for the carpets and whatever other damage she caused according to a courtesy inspection that I'll arrange after the carpets are replaced - When I move out, I refund her $1500 security deposit
Roommate is offering
- One month rent - $230 for the furniture minus some kitchen supplies she left [$230 was my idea originally but I decided to stop being stupid] - A $400 advance to cover part of the carpet, which she wants me to pay back in installments - Whatever amount of her $1500 deposit remains
A few qs: - How long do you think this will take in small claims court? Will I probably get all of this? - I don't know when I'm going to get a new tenant, so can I still sue right now? - Would it be ridiculous to also sue for emotional damage because of the fleas? I have photos of the bites, the giant mess the flea treatment caused (a layer of diatomaceous earth on all the floors), and I even sent my friend a pic of myself crying as I complained about how miserable I've been for these weeks.
Btw she has a $1 million trust fund.
I have to go soon so I won't be able to answer qs til later. |
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Date: September 3rd, 2016 12:32 AM Author: Brindle 180 Locale Bro, wtf, this is not a legal advice forum. (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31325936) |
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Date: September 3rd, 2016 12:38 AM Author: Mahogany travel guidebook TBF people here have all sorts of knowledge (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31325956) |
Date: April 22nd, 2016 2:10 AM Author: multi-colored saffron box office community account Hey DVP (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#30323764) |
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Date: April 22nd, 2016 2:48 AM Author: motley nibblets my immediate assessment (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#30323846) |
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Date: April 22nd, 2016 9:01 AM Author: rebellious principal's office philosopher-king It's uncanny. (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#30324300) |
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Date: April 22nd, 2016 12:46 PM Author: Self-absorbed Plum Business Firm (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#30325615) |
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Date: April 22nd, 2016 9:39 AM Author: bistre heady boltzmann lol (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#30324423) |
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Date: September 8th, 2016 6:13 AM Author: amber vigorous orchestra pit police squad (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31358755) |
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Date: September 8th, 2016 4:34 PM Author: rebellious principal's office philosopher-king (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31362145) |
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Date: April 22nd, 2016 2:36 AM Author: Massive Reading Party (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#30323832) |
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Date: April 22nd, 2016 2:52 AM Author: bat-shit-crazy foreskin protip: don't move in with psychos (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#30323863) |
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Date: April 22nd, 2016 9:21 AM Author: rebellious principal's office philosopher-king you're referring to the OP, right? (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#30324361) |
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Date: April 22nd, 2016 12:52 PM Author: Arrogant people who are hurt home (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#30325655) |
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Date: April 22nd, 2016 3:12 AM Author: Lascivious Ruddy Haunted Graveyard Spot prole tell (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#30323895) |
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Date: April 22nd, 2016 8:56 AM Author: racy step-uncle's house dysfunction tru (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#30324292) |
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Date: April 22nd, 2016 9:15 AM Author: pink legal warrant Anal then dump (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#30324333) |
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Date: April 22nd, 2016 9:43 AM Author: Jade Ungodly Area This is why you never live with pet people. One sure fire trait of pet owners - they are inconsiderate to humans. I have seen this being true 100% of the time. (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#30324437) |
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Date: April 22nd, 2016 9:47 AM Author: coral national jew this is the purpose of a security deposit. when you agreed to let her move in with pets, you pretty much painted yourself into a corner.
drain the $1500 and move on. you won't get anything else, nor should you. |
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Date: April 22nd, 2016 2:07 PM Author: racy step-uncle's house dysfunction Her security deposit pays for less than one month of rent + the carpets. She owes significantly more than that. (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#30326085) |
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Date: April 22nd, 2016 12:48 PM Author: Self-absorbed Plum Business Firm This is obviously DVP. who else would write this insane rambling and then ask about suing a trust fund kid for emotional distress. Seek help (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#30325626) |
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Date: April 22nd, 2016 2:08 PM Author: racy step-uncle's house dysfunction longtime lurker first time poster. I am well known on TLS but no one goes on there any more. (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#30326088) |
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Date: April 22nd, 2016 2:27 PM Author: racy step-uncle's house dysfunction Who better to sue than a trust fund kid? A poor kid?
I said the emotional damage was a stretch, it was suggested to me by a lawyer friend and lawyers are terrible. |
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Date: April 22nd, 2016 2:32 PM Author: arousing crackhouse Def sue for emotional distress. Also claim she called you a faggot or racial slur.
Forget about small claims and get to state/federal court, you're gonna take that whole trust fund |
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Date: April 22nd, 2016 2:37 PM Author: racy step-uncle's house dysfunction Only good post ITT Thank. |
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Date: April 22nd, 2016 3:56 PM Author: buck-toothed henna temple rigor contact the EEOC first though (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#30326854) |
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Date: April 22nd, 2016 2:42 PM Author: Flushed pervert As long as you notarize the statement, I think you can do no wrong. (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#30326292) |
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Date: April 22nd, 2016 3:54 PM Author: racy step-uncle's house dysfunction Earl will you represent me in small claims court I live in NorCal (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#30326845) |
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Date: April 23rd, 2016 5:20 AM Author: racy step-uncle's house dysfunction This is a great thread guys (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#30330356) |
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Date: September 3rd, 2016 12:07 AM Author: Mahogany travel guidebook I dont remember my password to this account.
Update: I reread the OP and I dont sound 100% stable, I was definitely pissed at the time. Anyway she stopped replying to my emails in June even though she acted like she we were about to come to an agreement. She told USPS she had moved but didnt leave a forwarding address. I dont know how to fnd her. I want my money. Advice on how to proceed? I got nothin. |
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Date: September 3rd, 2016 12:12 AM Author: Mahogany travel guidebook Oh yeah, and the total comes out to $3044. My job pays decently well but between my 401K contributions and paying off loans, my takehome per month is shockingly low. $3K is a significant chunk of money. (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31325849) |
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Date: September 3rd, 2016 12:13 AM Author: bistre heady boltzmann diaf dvp (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31325854) |
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Date: September 3rd, 2016 12:17 AM Author: Mahogany travel guidebook I guess my posting style sounds like his because I've intentionally written in a shitty, awkward voice to mask my identity. With that in mind, reread the thread -- focusing on only the facts -- and let me know if it really smacks of DVP (aside from the fact that I'm asking for legit legal advice on this shithole). If it does, please explain why. I honestly think I'm in the right here. (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31325872) |
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Date: September 3rd, 2016 12:44 AM Author: fragrant ape whoa (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31325996) |
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Date: September 3rd, 2016 12:17 AM Author: Pale histrionic pozpig I can pull her current address, lmk (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31325876) |
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Date: September 3rd, 2016 12:18 AM Author: Mahogany travel guidebook How? Idk if she's registered it anywhere. She took like a year to reg with the DMV when she moved here (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31325885) |
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Date: September 3rd, 2016 12:21 AM Author: Pale histrionic pozpig I have accounts at TLO and Delvepoint (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31325900) |
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Date: September 3rd, 2016 12:29 AM Author: Mahogany travel guidebook Would it be legal?
If not, is there a way I could legally get access to tools like that?
Sorry if I sound dumb or clueless -- I've done plenty of research but it's hard to even know where to start. I've never been in a situation remotely like this. I know that people who describe themselves as "chill" pretty much never are, but I'm seriously a chill person to live/interact with and the last and only time I had beef with anyone was in high school. I've never had to think in this way, and it freaks me out. Before this happened, I wouldn't have had any idea I'd react like this, especially to a matter of $3K, but the way it all went down was so fucked up on so many levels. |
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Date: September 4th, 2016 12:30 AM Author: Pale histrionic pozpig Legal for me, I'm licensed. (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31332155) |
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Date: September 8th, 2016 4:58 AM Author: Mahogany travel guidebook hmu leagueoflegendssucks88@gmail.com (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31358707) |
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Date: September 3rd, 2016 12:18 AM Author: Autistic turdskin do background search through lexis or accurint, file in small claims, do service by mail, they default when they don't show up. (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31325879) |
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Date: September 3rd, 2016 12:19 AM Author: Mahogany travel guidebook Idk if she's registered her address anywhere (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31325888) |
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Date: September 3rd, 2016 12:25 AM Author: Autistic turdskin it'll hit drivers license, cell phone, etc (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31325915) |
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Date: September 3rd, 2016 12:31 AM Author: Mahogany travel guidebook If tracking via cell phone is a thing, can I subpoena her provider instead? That seems less sketchy (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31325932) |
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Date: September 3rd, 2016 12:55 AM Author: Mahogany travel guidebook This seems promising pls respond (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31326048) |
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Date: September 4th, 2016 12:53 AM Author: Autistic turdskin Its not cell phone tracking like GPS. I mean she will eventually have to update her address w her cell phone provider.
As for subpoena suppose you could, but why bother? Report is like $50 and takes 2 min to get. |
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Date: September 8th, 2016 5:07 AM Author: Mahogany travel guidebook Gotcha, thanks. (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31358710) |
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Date: September 3rd, 2016 12:30 AM Author: Dead big set depressive those are some expensive carpets for a place with 800/mo rent (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31325929) |
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Date: September 3rd, 2016 12:33 AM Author: Mahogany travel guidebook They had to replace mine and hers. I never intentionally let the cats in my room but ONE fucking time, I accidentally locked one in while I was gone and it fucked up my carpet.
Anyway I challenged the apartment's quote because I noticed they did the math wrong (lol) and got it done for $544 instead!! |
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Date: September 3rd, 2016 12:40 AM Author: Mahogany travel guidebook Oh also, $800 is only her share of the rent (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31325971) |
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Date: September 3rd, 2016 12:43 AM Author: charismatic piazza digit ratio "I will sign a notarized document that states that..."
LOL well as long as you get it stamped by a *public notary* |
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Date: September 3rd, 2016 12:45 AM Author: Mahogany travel guidebook Is that not a thing? I know I sound like a fucking retard ITT but this situation is soooo far from anything I've ever had to think about or ever would have predicted I'd have to think about (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31325998) |
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Date: September 3rd, 2016 12:49 AM Author: fighting field If she's this big of a degenerate then you may never see the money, despite what the court does. Stop thinking so 'legal' and being a bitch. Find out where she lives or work, then intimidate or steal from her. If NYC, I can help you out
*Not legal advice |
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Date: September 3rd, 2016 12:52 AM Author: Mahogany travel guidebook Hahahaha a friend half-jokingly suggested tracking her down and bullying her into giving me her address. Then we both thought for a second and were like, "...wait no we could just serve her"
But yeah I'm gonna do this by the books |
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Date: September 3rd, 2016 1:42 AM Author: Mahogany travel guidebook I just paid over $10 for a report from instantcheckmate and didn't get a current address :( but at least I have unlimited searches for a month (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31326219) |
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Date: September 4th, 2016 12:33 AM Author: Pale histrionic pozpig Those sites are shit. Wholesale price to an investigator for a legit locate search is $10-20; retail to you, $30-50 depending how complex. But, this will also generate known associates who you can contact and might be able to social engineer her new address from. (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31332168) |
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Date: September 8th, 2016 4:56 AM Author: Mahogany travel guidebook Flat fee? Internet is saying $40+ per hour; I think they'd rape me even if it only took 15 minutes (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31358706) |
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Date: September 8th, 2016 4:38 PM Author: buck-toothed henna temple rigor last "investigator" I used charged me about $50 for the "database search" portion of finding someone. (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31362163) |
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Date: September 4th, 2016 12:36 AM Author: vengeful headpube degenerate You can't sue for torts in small claims court. (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31332182) |
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Date: September 8th, 2016 4:54 AM Author: Mahogany travel guidebook alright $20 to whoever will look this up on TLO/Lexis/similar for me, since that appears to be legal
leagueoflegendssucks88@gmail.com |
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Date: September 8th, 2016 4:34 PM Author: Mahogany travel guidebook (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#31362142) |
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Date: September 8th, 2016 6:14 AM Author: amber vigorous orchestra pit police squad I even sent my friend a pic of myself crying as I complained about how miserable I've been for these weeks.
I even sent my friend a pic of myself crying as I complained about how miserable I've been for these weeks.
I even sent my friend a pic of myself crying as I complained about how miserable I've been for these weeks.
I even sent my friend a pic of myself crying as I complained about how miserable I've been for these weeks. |
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Date: December 18th, 2017 12:06 AM Author: cracking obsidian school cafeteria (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#34946313) |
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Date: February 12th, 2018 12:04 AM Author: cracking obsidian school cafeteria (http://www.autoadmit.com/thread.php?thread_id=3202504&forum_id=2#35381534) |