[johnchrisweb]

Hi... I moved in with a friend in may... we had a verbal agreement on the rent. So on the first day I moved in... which was a Monday.. I wrote him a check for two fifty for rent. He took that check and deposited it. Late that Monday night my mother became very ill. And was admitted to the hospital. I then proceeded to move out under my dads wishes. I never signed anything. It was strictly a verbal agreement. I was only in the house for two days... moved in on a Monday and was out by Wednesday. I would like to get my money back... once again I never signed anything to bind me. My roommate now does not want to return my money.. we tried to settle with him on one twenty five... which is half... he said no... and I now want my money back... do I have a chance if I file a small claims case against him.

[progunr]

Everyone has a chance in small claims.

So much depends on the judge you get, the mood they are in, and who's story is the most believable.

At the most, you would only be out about $50 to file and have them served.

Keep in mind though, YOU have to know how to collect the judgment if you win, the court DOES NOT help you collect the debt.

If you have enough good information as to where this person banks, or works, then I say go for it, you have little to loose.

[ballengerb1]

You entered into a contract, a verbal one, but still a contract. It does not matter if you moved in for a day or never even moved in at all, you agreed to pay to have the right to live there. Choosing not to live there does not obligate the roommate to refund money. You have very good reasons for your actions but you are obligated. Now that roommate also has an obligation and that is to try to rent the space to someone else. He must take geniune steps to find a roommate and if it rent you are only responsible for the amount he lost when the room was vacant. If he chooses not to find a roommate your chances in small claims goes wayup. I'd sue in your case because he has sustained no real damages from what you have told us so far.

[ScottGem]

Frankly, I'd let it lay. If the friend previously had a roommate that makes your case even worse. But the fact is you entered into an agreement. Your friend upheld his end.

[rockinmommy]

I agree with Scott. This is NOT worth going to court over. The dollar amount is too low, and your case is too weak.

What if the roommate countersues you and wins, saying that your agreement was for mor than one month, so you owe him more??