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  1. #11
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Roommates Won't Pay Final Electric Bill

    And "He whose name is on the bills often gets stuck paying them".

    Gail

  2. #12
    Join Date
    Jul 2013
    Posts
    8

    Default Re: Roommates Won't Pay Final Electric Bill

    And that's sad that grown people can't handle their responsibility and pay their bills! I can't stand one of my roommates because she's just annoying and very mean to almost every guest that has ever been over. We're not even on speaking terms because of her unacceptable and weird behavior, but I'm going to speak to her about this matter today. There's no reason to let person feelings be an excuse not to pay bills. It just shows her immaturity.

    - - - Updated - - -

    She refuses to pay. Do I have to write her a demand letter before I can file a suit against her?

  3. #13
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Roommates Won't Pay Final Electric Bill

    Quote Quoting Tenacious
    View Post

    She refuses to pay. Do I have to write her a demand letter before I can file a suit against her?
    I don't find anything in the South Carolina rules that requires it but, strategically, it might be a good idea to write her a demand letter giving her a deadline date (maybe just a few days hence) to pay and attach the completed Magistrate complaint form to show that you are already prepared to sue her:

    http://www.judicial.state.sc.us/forms/pdf/SCCA701.pdf

    Don't bluff.

    If she still doesn't pay by the deadline date you go file your lawsuit.

  4. #14
    Join Date
    Jul 2013
    Posts
    8

    Default Re: Roommates Won't Pay Final Electric Bill

    Quote Quoting adjusterjack
    View Post
    I don't find anything in the South Carolina rules that requires it but, strategically, it might be a good idea to write her a demand letter giving her a deadline date (maybe just a few days hence) to pay and attach the completed Magistrate complaint form to show that you are already prepared to sue her:

    http://www.judicial.state.sc.us/forms/pdf/SCCA701.pdf

    Don't bluff.

    If she still doesn't pay by the deadline date you go file your lawsuit.
    I'm leaving SC for 10 months, but the statue of limitation for small claims ranges from 2 to 10 years from the time the incident happened. Should I wait until I return to SC to file or should I file now? Can someone else represent me at court such as my landlord?

  5. #15
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Roommates Won't Pay Final Electric Bill

    Quote Quoting Tenacious
    View Post
    I'm leaving SC for 10 months, but the statue of limitation for small claims ranges from 2 to 10 years from the time the incident happened.
    It's 3 years for oral contracts. That's what you have - an oral contract.

    Quote Quoting Tenacious
    View Post
    Should I wait until I return to SC to file or should I file now?
    That's a decision only you can make. But it's not a good idea to wait.

    Quote Quoting Tenacious
    View Post
    Can someone else represent me at court such as my landlord?
    No.

    You can hire an attorney but you'd still have to appear in court to testify.

    There is no easy way to do this and the longer you wait the harder it will be to prevail.

    If you aren't prepared to go to court now, then forget about it and get on with your life.

  6. #16
    Join Date
    Jul 2013
    Posts
    8

    Default Re: Roommates Won't Pay Final Electric Bill

    I have text messages, the bill, what I've paid through bank statements, what my other roommate has paid, and a breakdown of what each person owes. She pays everything including the rent in cash which is super stupid! I have plenty of evidence, therefore, I can wait if I need to. If she does move somewhere my landlord will have her information because she has to send her deposit. If she is served and doesn't respond in 30 days then I automatically win the case.

  7. #17
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Roommates Won't Pay Final Electric Bill

    Quote Quoting Tenacious
    View Post
    I have text messages, the bill, what I've paid through bank statements, what my other roommate has paid, and a breakdown of what each person owes. She pays everything including the rent in cash which is super stupid! I have plenty of evidence, therefore, I can wait if I need to. If she does move somewhere my landlord will have her information because she has to send her deposit. If she is served and doesn't respond in 30 days then I automatically win the case.
    Not exactly automatic.

    You'd have to file for a default judgment.

    You might have to show your evidence to the judge.

    Getting the judgment might end up being easier than collecting on it.

  8. #18
    Join Date
    Jul 2013
    Posts
    8

    Default Re: Roommates Won't Pay Final Electric Bill

    Quote Quoting adjusterjack
    View Post
    Not exactly automatic.

    You'd have to file for a default judgment.

    You might have to show your evidence to the judge.

    Getting the judgment might end up being easier than collecting on it.
    Is that a separate filing after serving her? How would I go about getting a judgement and would it take longer?

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