Does anyone in the forum have any experience with a small claims court? I am experiencing a tremendous financial ordeal right now with a roommate of mine. He owes us about $1000+ in back rent... in the process of evicting him... I just need to know the next step in order to get my money. If anyone has any experience.. Please help! I am in a serious crisis!

You are going to want to have lots of documentation that he owes you money. Rental agreements and the like. If he damages stuff you need to take pictures with dates. Make sure your documentation is of the legal variety as homemade contracts never stand up well in court.

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Was he on the lease?

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Yes. He is on the lease.

actually, in small claims court (and even in court) verbal contracts are binding. If you can get him to admit a verbal contract or have witnesses it will hold up, especially in small claims court.

However, if he is on the lease, case closed.

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If he is on the lease, you can not evict him, only the land lord can. However, they would likely not do this without evicting both/all of you. Your (ex)friend may not leave willingly, since their name would stay on the lease. You could leave, but your name would stay on the lease as well.

Sueing for back rent could also be tough. Does he pay you, and then you pay the land lord? If he pays cassh, does he usually get a receipt? If he always pays cash with no receipt it's you word against his that never paid the $1000

Best bet is to be a good friend for a day or two, and then get him to admit, preferably in writing, that he owes the money

How much longer is left on the lease?

Good luck!

http://www.judgejudy.com/SubmitCase/submitcase.asp
http://www.peoplescourt.com/home.html

Let us know when it's going to air!

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If you feel you have a question, dont be lazy; make sure you have asked yourself first. Then search the forum, then just fucking google it to get as much detail as you can. You may then seek clarification on specific points from others.

I asked if he was on the lease relating to what Pinguaq said. Is your landlord evicting all of you? Or are you paying what he owes to prevent eviction?

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lol.. noo noo.. We have been paying out of pocket the whole entire rent. This really sucks because I-- as a full time student don't have as much money as I would normally.. so I have to take time from studying to go to work so we can save our ass. We're good though. No eviction notice for ourselves.. We just want to evict our roommate!

If he isn't paying, kick him out and get a signed affidavit from the landlord stating that he was on the lease, but wasn't paying along with your own financial documents.

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He has blocked my cell phone, my husband's cell and our land phone.. So we are definitely going to take serious action.

lol..and I just submitted my story to Judge Judy! haha! I feel so trashy!