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View Full Version : Sending letter about fee's owed and why to ex roommate, when should I?


Kshae
Jan 1, 2011, 12:51 AM
What is the name of my state: Florida

I am planning on suing my previous roommate for unpaid rent as well as other fees (see previous post)

I was told I should write a letter to her explaing the amount I believe I am owed along with my reasoning. My question is should I present the letter to her before or after I file my claim with the courts?

I was told it would be it would look better for my case if I showed I attempted to solve it out of court and/or would be required. In all honesty, I think I have already given her one that would be satisfactory to the courts. The day she came and picked up her belongings, I had typed up a letter stating the balance for untilities as well as the unpaid rent. (she gave me no notice, just said she was leaving and did) She looked at the letter then threw it away. I was lucky enough to have a few witnesses there that saw her receive it, read it, and toss it, one even being an officer.

I was also told that it can be hard to collect payment if I do win the judgment as you have to collect them yourself. So I was thinking after she received noticed to come to court she would will be more willing to settle and pay up if I drop the case. (my previous roommate knows she's guilty, she is just avoiding payment) In the sense of being guilty, she knows she owes me money, but thinks I have no legal recourse against her.

I have been lucky enough to receive a small payment from her, well, I called her phone and her her father asnwered. He obviously knew what was going on and asked me how much I thought she owed. He of course disagreed with my figures, nonetheless he actually brought over a money order for her part in an unpaid cable bill, but it was in/from his name, not hers. Now , even so that was her dad. Not my roommate, as why I also haven't cashed the money order. I was thinking of using that against her as well if this makes it all the way to the mediation part of small claims, or the actual court date. As I part of showing that she was irrisponsible and I have suffered financial damage due to this.


Any advice?

Anything I should include in the letter that is SUPER important besides the amount and reasons?

Also, what is the best kind of evidence to have and present?

joypulv
Jan 1, 2011, 03:57 AM
Really, please cash the money order. If it's for the full amount owed, The End.

If you were to file:
You wouldn't need to send her another bill. You presented one to her in front of witnesses. You would get statements from each in writing.
Small Claims these days usually means that the defendant gets to respond in writing before a court date. There's a fee to file which you are awarded if you win. Some people pay, others respond with why they won't pay, others ignore the claim. If they then fail to show, plaintiff wins by default. If they do show and lose, there's no guarantee that they will pay, forcing you to take more steps (at more expense). This takes a lot of time and money and still has no guarantees.

SO... accept the father's money and be glad it's over! Besides, he paid cash that he can't get back unless you give it back. There's no earthly reason to not take it anyway.

Kshae
Jan 1, 2011, 04:27 AM
I know about the court proceedings when it comes to the whole me having to go after her for the money and not the court. It's a good think I know her address, work, SS number, DL number, everything basically.

Part of the reason why I don't want to take her fathers money, is for that exact reason, its hers fathers money. This was not his responsibility, and he is honestly a nice guy with a bad apple. I want her money not his. But nonetheless I understand your point.

Im still going to go through with this, the court filing fee's actually aren't that bad for the amount of money I'm asking. I also believe that if she is to get court papers she will know I'm serious about this and will want to work something out. I had talked to her dad about court when she shut off my electric and he wanted to work with us to make it right, but she did not. I was really curious about this because I didn't want to do anything out of order just in case it does go all the way to court and screw it up.

joypulv
Jan 1, 2011, 06:24 AM
OK, you've made the decision.
All you need in court is your rental contract and agreement with her, an itemized list of what she owes, and proof of amounts you have paid. Have a list of dates too, such as when she left without warning. I see no reason why you have to send her anything more before filing unless you want to do so at the same time because you feel it will be more explanatory than the one you handed her.

You really need to count the money order, because there is no law that SHE has to pay you!
This is not criminal court with people found 'guilty.' It often is more like splitting the baby; you may not get all you sued for. Small Claims judges move quickly and will sometimes make arbitrary decisions if they get annoyed. It's important to have papers neat, short, and organized, and to avoid any extraneous comments about personalities and arguments.

Kshae
Jan 1, 2011, 07:25 AM
Im not going to be reurning the money order unless she tells me that it was her funds that paid for it. If it really came out of her dads pocket ill be giving it back. He had NOTHING to do with this. And the vicious things she says about him behinf his back, I would feel like I was apart of that.

I understand there is no law written down that she does have to pay me, as why I'm hoping to get this filed, then do a mediate session and get it worked out. I would have liked to do that to do that is the beginning, but she wanted to throw a fit.

Thank you so much