Check out some similar questions!

fyff · Sep 1, 2009, 02:31 PM

My ex owes me for my half of the damage deposit from when we lived together, and also for half the rent for the month of June. In total, it adds up to 856.25. A month or so ago, I thought I had finally got him to pay, because he gave me a cheque. But it of course bounced. The cheque was mailed back to me. Is this enough to prove that he never paid me back my damage deposit? I also have a receipt of the draft which I paid to him for the damage deposit, but it's proving that he hasn't paid me back that is the problem. He could say he paid me in cash couldn't he?

fyff · Sep 1, 2009, 02:56 PM

A lot of the proof I have that my ex owes me money and refuses to pay is through text messages. It can obviously be proved that they are in fact from his phone, because the number is his, but can they be used as proof or could he say that someone else was texting from his phone?
Also, I know you can't use audio conversations as proof without first advising the person that they're being recorded, but it goes without saying that texts will be kept, so would I have to have told him I would be keeping them? Or can I legally use them? Thanks in advance to any replies.

fyff · Sep 1, 2009, 03:00 PM

My ex landlord does not want to come to court as a witness because he lives in calgary (I'm in Edmonton), and also he is just glad to be rid of my ex as a tenant and wants nothig more to do with him, but he does want to help me. I'm wondering if I could instead just get him to fax me the things I need like the lease agreement (because I was never a legal tenant), the damage report, and a letter stating that he only charged my ex for half the month of June, and only took $300 for damages. Is this sufficient evidence or does he have to come in as a witness?

fyff · Sep 1, 2009, 03:14 PM

I am quite sure that if I do sue my ex for money he owes me, and I get a judgement, I will not be able to collect it. I found his lease when I was cleaning one day, and saw that his parents were paying his half of the rent, he gave me a cheque once which bounced so I don't think he has any money in his account, and he has no legal job, so I can't garnish his wages. My mom said she had a similar problem once and had a collector go after the guy and had her money in a couple days, so I think I will try this. But can I sue him for the cost of the collector as well as what he already owes me? Is this proof enough that I'll have to get a colllector? Thanks.

JudyKayTee · Sep 1, 2009, 03:19 PM

No, you can only sue for the debt and Court costs. In some cases, if you cannot locate the person the cost of doing that is considered part of the Court cost.

Are you in Canada? I'm speaking for the US but believe I am correct where Canada is involved.

JudyKayTee · Sep 1, 2009, 03:20 PM

Judges vary - I don't know if a fax will be accepted. Whatever you do present to the Court should be sent by mail so it can be notarized or certified as a true/correct copy.

You can also subpoena your landlord.

JudyKayTee · Sep 1, 2009, 03:21 PM

You have posted the same issue, different parts of it, 4 times. Each post gives important information.

Please post all of the info once.

Should be combined by moderator.

J_9 · Sep 1, 2009, 03:23 PM

fyff · Sep 1, 2009, 03:42 PM

Sorry, thought it would be easier that way. Yes I'm in AB Canada. I know his exact address because I've been there since he moved, so that isn't a problem. I just know collectors charge a couple hundred dollars, which would be worth the cost if they got my money, and I will pay it, I just don't see why I should have to.
I do not want to serve him with a subpoena because he would be doing me a favor by providing this info, I don't think he has to do anything for me because I was never even a legal tenant.
He does come up here sometimes so maybe I could just get the documents from him then? I don't think he'll want to pay anything at all, especially extra postage costs to have them certified