Hi,

I moved in with someone I considered like a brother into an apartment in Philadelphia in May 2005. I knew him for over a year and a half before we moved in together when he was in college and I had started working. He would have money issues and I would pay for his share of the rent and utilities. He would always repay me back.

I moved to columbus in August 2006. He decided to stay in the apartment and got a friend of his to take over my lease. I was supposed to get my share of the deposit from the friend as well as the remainder of the rent and utility bills which totalled about $1500. Both of them mentioned that they would pay me asap. I left without taking any money as I felt I was dealing with someone real close to me.

I have emails from him (September) stating I will get all the money from him and that I should not worry about it. Recently, he stopped answering my calls and emails. I still felt that it was nothing serious as he was really close to me. I met him last week when I went down to Philadelphia and he gave me about $500 back. Today I received an email from him stating that he is not going to pay me any more and some other personal stuff about how he's going to screw me because I apparently have been using him all this while!

The personal stuff aside, I am contemplating suing him in a small claims court. We didn't have any roommate agreement but used an excel sheet where we kept tally of all payments and stuff. Before I left, we orally agreed upon the amount that I should be receiving. I am wondering if I have a strong enough case to sue him in court. I have emails which state he owes me money. I have the email where he said he won't pay me anymore. I was taken off the lease in August but haven't received my share of the deposit. Please help. I realize I am being screwed over and am still in shock from the email that I received today. Its not pretty.

Muchos Gracias.

Well, good thing you have the Excel spreadsheets. That will be good in small claims court. Plus the emails. Keep everything and anything that has any connotation of the verbal agreement, any lease agreement, conversations, etc. It does not sound like he is going to give you the remainder so I would go the small claims court route. Best of luck to you. It is sad to say, but one cannot trust anyone anymore without something concrete written down and agreed to, by a signature on the paper. When it comes to money matters, trust no one.

Thanks for your response. It sucks because I am usually pragmatic about loaning money to people. I don't know what happened to him between September and now.

Regarding proofs- I usually deposited all amounts that I received from him and my third (Non-lease) roommate in my bank. I don't have all statements but believe I can show that the rent was always paid by me via checks. Utilities and Cable/internet were in my name. I am sure that I can prove he paid me for rent and utilities until may of 2006. It's the last three months that he hasn't paid.
My question is - Can I prove that he didn't pay me the amount I am stating since there were no checks or cash deposited in my bank a/c during that period. Also, his letter states that he knows he owes me. But the amount is not mentioned. Will it be an issue of his word against mine wrt the amount he owes me? Or will the spreadsheet suffice as proof?

You have the acknowledgement from him that he still owes you money. If he can prove amounts paid until May of 2006 and cannot verify the last three months, I would think you have an excellent leg to stand on. The court will see his acknowledgement and that will be beneficial to you. Up to the judge to make the fiscal decision.

I completely understand how you would trust someone who has been like a brother. We all make those decisions and trust people that are essential to our lives. It hurts and one wonders how such a relationship can be repaired, or if it is repairable. I truly wish you the best in this.