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  1. #1
    Join Date
    Apr 2016
    Posts
    2

    Default Suing an Ex-Roommate for Unpaid Rent, Theft of Property

    My question involves court procedures for the state of: California

    I am new here I hope I am posting in the correct place but here is my story I hope someone can help so I can move forward.

    I recently moved in with one of my friends (zach) and cousin (john) into an apartment together in November. As soon as we moved in zachs cousin (dave) and friend (greg) started crashing at our place as they were sleeping in there cars prior as they had recently moved to the area and were trying to get on their feet. Being the good people that we are we said they can crash there and just pay a portion of there rent (175 a month per each) and utilities until they get on their feet and move out when their friends arrive in feb/march.

    All was fine until they started falling behind in there payments towards the end of jan beginning of feb. We all had a meeting and said that it wasn't okay to pay late because we weren't in a position to carry the extra weight on our shoulders as our budgets didn't allow for it. A couple days went by and bam they were gone without paying there portion of the rent and they had also stolen about $2,000.00 worth of merchandise from me including studio equipment, watches, backpack, etc.

    I immediately filed a police report. I thought long and hard about what to do and once I cooled down maybe thought it wasn't worth pursuing them if they were stupid enough to steal from the people that helped them out including there own family and just filed a renters insurance claim. Little did i know that because they were staying there for longer than 10 days it did not cover this type of incident. So now I am looking to take them to small claims court and am wondering if I have enough evidence to have a case.

    I have my gf, my cousin (john), and my friend (zach) as witnesses, a police report, a denial letter from my insurance company and receipts and pictures for most of my stuff. Is it worth taking them to court and would I have a chance at winning?

    Also I have no experience dealing with this I am not sure of the procedure I will need to take.

    Thanks

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Do I Have a Case for Small Claims Court

    You probably have enough evidence but your problem is going to be collecting from them once you win in small claims court. The court does not collect for you and if they are unemployed, living in cars and in the wind you are not ever going to collect.

  3. #3
    Join Date
    Apr 2016
    Posts
    2

    Default Re: Do I Have a Case for Small Claims Court

    Quote Quoting llworking
    View Post
    You probably have enough evidence but your problem is going to be collecting from them once you win in small claims court. The court does not collect for you and if they are unemployed, living in cars and in the wind you are not ever going to collect.
    Thank you. I happen to know that they recently moved into an apartment together and currently also work at a restaurant which I know the location of and the employer. So if anything I can garnish their wages through their employer if they do not pay I believe.

    As far as procedure I read i should write a letter of intent to them through certified mail but am not sure what the next step after that is who do I contact or where do I fill out something to take them to court??

  4. #4
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Do I Have a Case for Small Claims Court

    Here are two websites run by the court that answer most of your questions:

    http://www.dca.ca.gov/publications/small_claims/

    http://www.courts.ca.gov/1008.htm

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