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  1. #1

    Default Ex-Roommate Won't Pay His Share of the Cable Bill

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

    I moved into an apartment with two other guys back in August 2012. When we moved in we all decided to get cable and internet. I went ahead and did some research and confirmed with both of my roommates (verbally) that the bundled cable/internet plan I had found was ok. We all agreed to split the costs evenly, so 1/3 of the total amount. Everything was fine for the first 4 months, both roommates paid their share with no complaints. Then in December 2012 I stopped receiving payments from one of my roommates. I didn't fuss over it because I've had times where I've fallen behind with paying my roommates for utility bills, so I didn't confront him about it. Then 2 months later, in February 2013, the same roommate still hadn't paid his share of the cable/internet bill. I asked him for a check for the previous 3 months of bills and he said he'd pay it eventually. Around that time my girlfriend and I decided to search for an apartment of our own so I could move out. I eventually found one and was able to get a subleaser to take my place on the lease. I moved out around the end of March 2013 and finally got settled in my new apartment this month (April 2013). Since I had all of my belongings moved out the only matter left to settle was to collect on the unpaid cable/internet bills from the same roommate mentioned before. I tried calling him, but he never answered my calls, so I sent him a text asking if could write me a check for all the bills. He quickly responded that he felt he didn't have to pay for cable or internet since he was rarely home to use the cable and internet. Even though it was rare, he did use it. I tried to talk with him over the phone, but he still refuses to answer, so I'm deciding to take him to small claims court to collect on the money he owes me for cable and internet.

    I know we only had a verbal agreement when we first moved in saying we would all pay 1/3 of the total cable/internet bill, so I'm wondering if I have enough evidence to win this case. The evidence I have is listed below.

    I have text messages between me and him when we originally moved in with me telling him we have the cable guy coming to install internet and cable and I asked if he would be home to let him in. He responded that he might be able to and asked if "we" were getting cable. I responded by saying that we had included cable with the internet and if we didn't want cable we could always get rid of it. He responded by saying that was cool. - This mildly shows that he was aware of cable and internet being installed in our apartment.

    He paid the first two months of the cable/internet bill with cash, but missed 1 months payment and wrote me a check for rent and cable for $458.33. Our rent is $358.33 each and the cable/internet bill resulted in $50 each, therefore $358.33+$50+$50=$458.33. He even wrote on the memo line for "Rent/Cable." - This shows he did pay for cable and internet at some point, therefore honoring his original agreement with me.

    Since I was living with two other roommates we had a bill chart on the fridge where we had listed our names, the utility (electric and cable/internet), and the amount owed. On this chart it shows the 4 months of cable/internet that he paid with the amount next to the month crossed out. It also shows the following 4 months with the amounts relating to cable/internet not crossed off. I took clear pictures of the chart. - This further proves that he had committed to paying for 4 months, then stopped.

    This is all the evidence I have and I'm hoping it's enough. I've gone to small claims before with less, but I only won because the person I was suing admitted to not wanting to pay me. I just worry my ex roommate will just deny there was ever an agreement and that he only paid those 4 months because he felt he was there long enough to pay. My biggest complaint about all this is that when my roommate decided he didn't have to pay anymore, he didn't confront me about it, he didn't say hey I feel I shouldn't pay or I at least shouldn't pay as much as the rest of us, he just waited for me to leave to say he would no longer honor our agreement. I only put my name on the cable/internet bill after I was assured that both my roommates were on board and willing to pay their share.

    Please let me know what you think. All responses will be greatly appreciated. Thank you.

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Ex-Roommate Won't Pay His Share of the Cable Bill

    You present your evidence to the court and you take your chances.

    Now...even if you do win, what do you think are your odds that this ex-roommate will fork over the money to pay you?

    Gail

  3. #3

    Default Re: Ex-Roommate Won't Pay His Share of the Cable Bill

    If I win and he doesn't want to pay, I have 15 days after the ruling to fill out a form to garnish his wages and have access to his bank account to retrieve my money. I've won before in small claims, the person didn't feel like paying still, so I filled out that form and they decided to pay so they wouldn't have to release information on how much money they make and how much money they have saved in the bank to me.

  4. #4
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Ex-Roommate Won't Pay His Share of the Cable Bill

    Sounds like you have little to lose then going forward with the idea of a lawsuit through Small Claims.

    Gail

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