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  1. #1
    Join Date
    Dec 2010
    Posts
    5

    Thumbs up Should You Send a Demand Letter Before or After Suing

    My question involves small claims court in the state of: Florida

    I think I finally have all my ducks in a row about how to handle my roomate siution and monies owed. (See previous thread)

    Now, I was told I should type up a letter to my ex-roomate stating the fees I believe im entitled to and why. And also hand deliever or send it certified mail.

    So I guess my question is should I try to do this before I file a court case and if it doesnt work out then file, or wait antil after she is served with court paperwork and deliever it. If she changes her mind I can always stop the process. I can always stop the case.

    Im more curious which option would be sen better by a judge.

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Should I Give the Letter Before or After I File for Court Intervention

    Whichever way you want to do it. Judge wont care - you may wish to send a demand letter to the ex...

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Should I Give the Letter Before or After I File for Court Intervention

    If your goal is to avoid filing a lawsuit, you can try the letter before filing. One way or another your provision of the letter isn't evidence; the roommate's response, assuming there is one, may be.

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Should I Give the Letter Before or After I File for Court Intervention

    If the roommate has already moved out, then you can do a small claims action for money owed.

    If the roommate has not moved out, then you need to follow eviction procedures for your state by giving the proper notice in the proper way, and then following procedures for a legal eviction. You can NOT do that in small claims court generally.

  5. #5
    Join Date
    Dec 2010
    Posts
    5

    Default Re: Should I Give the Letter Before or After I File for Court Intervention

    Its not that im for or against going to court whatever it takes to get the ball rolling in collecting this. I actually already tried to give her a letter, when she removed her things from my home, explaining the unpaid portion of utilities and rent. She just threw it away. So that kind of response has lead me down this path.

    I just didnt know when would be a better time to send the letter. Give her a way out, then go to court. Or scare the crap out of her and see if she will pay.

    She knows shes guilty as why im having to go to court, because she wont speak with me about this to resolve it as adults.

    Also what is considered a response? If I send it certified, she signs for the letter, but then throws it away again? Is that a response becase she at least got it and it was certified?

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