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  1. #1

    Default Wish to sue roommate for unpaid bills

    A few months ago, my two roommates and I had a third roommate move in. We are all tenants on the lease. She has been continually late with her bills, by at least a month, and didn't pay her deposit until her fifth month here, which I didn't know about.

    Anyway, The electric, water, trash, and sewer bills are in my name, and until she moved in, there have been only two late payments in the last four years, neither of which resulted in a Final Notice. Since she moved in, all our bills have been late. I do not have the money to cover her share of the bills unless she pays. Two months ago, I paid electric and water, both on the day before they were to be shut off, and I incurred two overdrafts of $33 each. This wouldn't have been that big a problem, except that she still pays everything late, all the while promising "I'll have it next week," which has never happened. For the past two months now, as a result of the original overdrafts and her refusal to pay, I have amassed eight total overdrafts, four of which went to utilities to keep them from being shut off, two went to gas for my car, one went towards food, and one which was my own fault because I didn't add correctly.

    Finally, here is my point:
    Two days ago, I demanded this month's bills, last month's bills, and two of the seven total overdrafts caused because I didn't want everyone else's utilities shut off on her account. The letter she left me was disgusting and insulting, and she blatantly refuses to pay last month's bills because "she didn't know about them," which is strange, because they arrive every month, and get posted on the cupboard in the kitchen, where everyone can see. She then went on to say that she's not responsible for my overdrafts, even though they were last-minute "Pay or else" checks written to utility companies.

    Now, I'm just about to get my account back into the black, and I want that money! If I hadn't paid the bills, our utilities would be shut off and my credit would still look bad. At this point, even if we are able to claim her deposit, that would only cover about half the damage. I cannot afford food or gas until Friday, and have to borrow money from others, which I hate.

    My question:
    How would I go about suing her for the overdrafts, as well as the unpaid bills?

  2. #2
    panther10758 Guest

    Default Re: Wish to sue roommate for unpaid bills

    Small claims court

  3. #3

    Default Re: Wish to sue roommate for unpaid bills

    Can I legally go for the overdrafts, too? It's my account, and my name on the bills, but if her money had been there, they never would have happened.

  4. #4
    panther10758 Guest

    Default Re: Wish to sue roommate for unpaid bills

    Put everything in suit if judges feels it not justified he/she will remove it from any award you might get

  5. #5

    Default Re: Wish to sue roommate for unpaid bills

    Thanks for the assist.

  6. #6
    Join Date
    Mar 2005

    Default Re: Wish to sue roommate for unpaid bills

    If the overdrafts resulted from her writing you a check which bounced, a court might consider them as damages. But where you're knowingly writing rubber checks, I doubt that the court would do so.

  7. #7

    Default Things are much worse, now

    Well, strangely, about an hour after my last post, two cops showed up and kicked me out. My roommate had taken my letter to her, which was in response to her nasty letter, to a judge and got a frivolous restraining order against me. Because of her delinquicy on bills, I have a negative balance in my account, my cats are now alone in the house with the other roommates, and I can't do anything about it until April fourth.

    The restraining order was issued on the basis of the fact that in my letter to her, I called her a nasty name. That is it. I can't believe the courts would allow a restraining order based on this alone, but here I am. Apparently, it doesn't matter that I have no police record, have never been arrested, and have only been in one fight in my life, which the police responded to, and took a statement from me. (A friend of mine was attacked in front of several witnesses, and we all jumped in to help him. The only arrest was the guy who initiated the assault.)

    Basically, she has caused us problems since the day she moved in. I'm the one who kept all the utilities running, even though I didn't have the money. I begged, borrowed, and, finally, overdrafted. Now, somehow, [I]she[I] has me thrown out? HOW CAN THIS POSSIBLY BE LEGAL?

    I have gotten no support from one of my other two roommates, even though he is content to complain endlessly to me on an almost daily basis about the bad roommate's delinquincy. For months, I have been trying to get him to back me or say something to her. (She owes him money, too.) He did not, and yesterday, he mysteriously disappeared just before the cops got there.

    I'm at the end of my rope.

    In the name of all that is Holy, WHAT DO I DO!?

  8. #8
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Things are much worse, now

    You should have been served with instructions on how to object to the restraining order and request a hearing. Follow them.

    It's a good time to consider getting help from a lawyer.

  9. #9

    Default Re: Wish to sue roommate for unpaid bills

    The instructions on the restraining order state that I have no legal recourse until the court date on March 4. I cannot afford food, right now, much less a lawyer. I am living 100% on charity of friends and family. My primary concern here is my two cats, who are left alone with at least one untrustworthy roommate. I don't suppose I could gat a restraining order against her on behalf of the cats?

    Has anybody heard of a judge granting a restraining order based on name-calling before?

  10. #10
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Wish to sue roommate for unpaid bills

    Why don't you have your other roommate get your cats for you? Meanwhile, try contacting legal aid for help.

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