[cowgirlnu1]

:eek: I advertised for a room mate to help with expenses for my two bedroom apartment. I took on a 62 year old male room mate and he was required to sign on my lease for the remainder of my lease from May till December of the same year. In August police officers came to my door looking for my room mate and told me he was under investigation for exposing himself the a female juvenile in the pool area. I also found child porn on his computer and turned it over to the police department. He (my room mate) did not return that night but in the morning when he returned I told him he made me sick and that I think he should leave. He left. I did not hear from him from this day Aug 6th till Aug 30th when I got a call from his attorney asking for his belongings. I told his attorney that he could have his things when he paid the remainder of his rent do on his lease. I then did not hear from him until I had moved out of the apartment and had to move his things from the apartment or be charged for them. Actually it was not even me, he gave a letter to my boyfriend dated 8/31 and it was given to him on 10/18, 2 months later and not even to me, demanding the return of his things. Again I did not hear anything from him till Dec 18 with a letter stating that I needed to deliver his things to his apartment and the address. I don't think it is my responsibility to move his belongings. Plus he owes me money I believe for unpaid rent for his share, cleaning of his room and storage. Now its March 2008 and he is taking me to small claims court of $7,500 and he did not have even close to that much in the apartment. I have pictures of his things. Do I stand a chance of recovering my damages or his he in the right? I don't have a problem returning his things that I have left but I am not paying a sum for things I don't have or never saw. Does he have the burden of proof? Or do I?
:eek:

[George_1950]

He has the burden of proof on his claims. Have you read the summons? Can't you file a claim against him for rent? You will have the burden of proof on what you claim he owes.

[cowgirlnu1]

I read the summons and he wants me to return his belongings or pay what he has stated they are worth. His prices for the objects are astronomical for what they are actually worth, like a wooded handmade clock, something a child would make for $289.00. Would it me in my favor to take this to court to show the judge how he has exaggerated the value?

[George_1950]

You should have something like a summons and a statement of claim. It should explain how much time you have to file an answer. It may also tell you to file your "counterclaim" for anything the plaintiff owes you, such as rent. How old is the plaintiff? If you don't file your answer and go to court when required, the plaintiff will get a default judgment against you for everything he wants.