Being sued and need some advice ASAP

[Whit]

What is the name of your state (only U.S. law)? California

I am being sued by an old roommate, we lived together but I wasn't on the lease and we didn't have a contract. She is suing me for a few different things that I shouldn't be responsible for. One is a deposit she didn't get back because the landlord replaced the carpet upstairs,two is an electric bill but we never discussed me ever paying for electric, three is trash removal for couches that her and her dogs ruined that I brought into that home that I gave to her after she ruined them and I got other ones. She agreed to take them when I offered but when it came to the day we moved and I left them in the garage for her, suddenly she didn't want them. Lastly is for rent, now I do owe her some of January and partial for the 13 days in Feb. but that's all. I live paycheck to paycheck and I had a choice either give her money for the rent that month or use what I had to move. I chose to move since that was my only option. She's trying to collect over $3000 from me and I just need to know what I should bring to court on this coming Monday the 6th of November. She is saying I owe her $2000 or more for rent but that's just not true, I only owe her $485 for January and $345.96 for February. That's only $830.96 if I would have had the money to move and give her rent then I would have but I didn't have that option and she knew that I live paycheck to paycheck. She knew for a long time that she was going to be moving and she waited until the last min to tell me. She waited until she got into a new place to tell me that she was putting in the 30 days notice to the landlord. I had no time to figure anything out and no one to help me out or no one to stay with.

 

[quincy]

What is the name of your state (only U.S. law)? California

I am being sued by an old roommate, we lived together but I wasn't on the lease and we didn't have a contract. She is suing me for a few different things that I shouldn't be responsible for. One is a deposit she didn't get back because the landlord replaced the carpet upstairs,two is an electric bill but we never discussed me ever paying for electric, three is trash removal for couches that her and her dogs ruined that I brought into that home that I gave to her after she ruined them and I got other ones. She agreed to take them when I offered but when it came to the day we moved and I left them in the garage for her, suddenly she didn't want them. Lastly is for rent, now I do owe her some of January and partial for the 13 days in Feb. but that's all. I live paycheck to paycheck and I had a choice either give her money for the rent that month or use what I had to move. I chose to move since that was my only option. She's trying to collect over $3000 from me and I just need to know what I should bring to court on this coming Monday the 6th of November. She is saying I owe her $2000 or more for rent but that's just not true, I only owe her $485 for January and $345.96 for February. That's only $830.96 if I would have had the money to move and give her rent then I would have but I didn't have that option and she knew that I live paycheck to paycheck. She knew for a long time that she was going to be moving and she waited until the last min to tell me. She waited until she got into a new place to tell me that she was putting in the 30 days notice to the landlord. I had no time to figure anything out and no one to help me out or no one to stay with.

Take to court whatever evidence you have to support your contention that you do not owe her the money she claims you owe. Receipts for past rent amounts could help as could testimony from witnesses to your agreement with your roommate on cost-sharing.

The judge will balance your story against her story, and consider the evidence presented by each of you, and make a decision based on what can be proved.

Personal appearance and attitude can be important. Dress and act professionally. This shows the judge you respect the court.

Good luck.

 

[Whit]

Take to court whatever evidence you have to support your contention that you do not owe her the money she claims you owe. Receipts for past rent amounts could help as could testimony from witnesses to your agreement with your roommate on cost-sharing.

The judge will balance your story against her story, and consider the evidence presented by each of you, and make a decision based on what can be proved.

Personal appearance and attitude can be important. Dress and act professionally. This shows the judge you respect the court.

Good luck.

I don't have rent receipts which I realize now is something I should have got when I would give her rent money. I could use old bank statements showing some checks I gave her but I also paid her in cash quite a few times as well. I don't really have documentation of anything but then again she wouldn't have any saying that I agree to anything because we never had any contracts verbal or other wise. we never discussed any kind of reimbursements for security deposits or anything else. when we went our separate ways she didn't try and contact me to discuss anything. She claimed she did and dhe claimed she told me about all the things she wants money for but she never did. I din't even know until I received the summons. The only time she mentioned suing me was through a threat she made when I called the police on her for stealing my TV. She wouldn't return it without me giving her money so I called the cops.

 

[HRZ]

HInt....she has burden of proof for each claim she made n filing her suit ....try to stick to just those topics and discredit just those points....and not get sidetracked with other past beefs w her as LL and or not let her raise new points.

 

[adjusterjack]

When you share a residence with a roommate the presumption is that you pay rent and share expenses. That presumption is difficult to overcome without documentation to the contrary.

You already admit that you owe $830.96 which means you are guaranteed to lose at least that, maybe more. She might not win the whole $3000 but all she needs is to win some amount and that's a judgment against you that will go on your credit record and allow her to garnish your pay and attach your bank account.

The way to get out from under this is to offer a discounted cash settlement. Only this time get the settlement agreement in writing and a written dismissal filed with the court when you pay.

On the other hand I'm guessing you don't have any money for that kind of settlement so you'll just have to go to court and take your lumps.

 

[Zigner]

Just a point of clarification. You didn't have a written contract, but you did have a contract. Contracts don't have to be written in order to be enforced.

 

[HRZ]

HInt ..does not read as if she gave you proper written notice ....if she did not and you attack,that flaw she may have problems as to Feb rent.

 

[Zigner]

HInt ..does not read as if she gave you proper written notice ....if she did not and you attack,that flaw she may have problems as to Feb rent.

How so? The OP had at least 30-days notice of the requirement to move.

 

[Whit]

Just a point of clarification. You didn't have a written contract, but you did have a contract. Contracts don't have to be written in order to be enforced.

Just to clarafy to you no we didn’t have a contract written or verbal.

 

[HRZ]

UNless she gave OP 30 day+ written notice of final day , merely telling OP she gave notice to Owner does not count ?

 

[Whit]

When you share a residence with a roommate the presumption is that you pay rent and share expenses. That presumption is difficult to overcome without documentation to the contrary.

You already admit that you owe $830.96 which means you are guaranteed to lose at least that, maybe more. She might not win the whole $3000 but all she needs is to win some amount and that's a judgment against you that will go on your credit record and allow her to garnish your pay and attach your bank account.

The way to get out from under this is to offer a discounted cash settlement. Only this time get the settlement agreement in writing and a written dismissal filed with the court when you pay.

On the other hand I'm guessing you don't have any money for that kind of settlement so you'll just have to go to court and take your lumps.

No she can’t garnish my paycheck or my bank account. I do not have a savings as I can’t even save and I do not make enough money for her to get a judgment from the court that allows her to garnish my paycheck. I do not own property or really anything of value she has no ability to take anything from me. I attempted to arrange something with her and she just wants the over $3000. Now if I made enough money and had a savings and a house and all that then yes she could but because I don’t I’m protected by law from her taking my check or anything from my bank account.

 

[Zigner]

Just to clarafy to you no we didn’t have a contract written or verbal.

Yes, you did. If not, then how did you know how much rent to give her?

 

[Zigner]

No she can’t garnish my paycheck or my bank account. I do not have a savings as I can’t even save and I do not make enough money for her to get a judgment from the court that allows her to garnish my paycheck. I do not own property or really anything of value she has no ability to take anything from me. I attempted to arrange something with her and she just wants the over $3000. Now if I made enough money and had a savings and a house and all that then yes she could but because I don’t I’m protected by law from her taking my check or anything from my bank account.

Judgments last a LONG time. Presumably, you won't always be in such dire straits.

 

[Zigner]

UNless she gave OP 30 day+ written notice of final day , merely telling OP she gave notice to Owner does not count ?

That is true, but at the same time it is moot. The OP moved. The OP is required to pay rent for the time she lived there.

 

[Whit]

Yes, you did. If not, then how did you know how much rent to give her?

I gave what I could afford, she knew my situation and was fine with it. We did not split rent down the middle. It wasn’t until she already got her new place that she started being nasty about the whole thing. During the 30 days she changed her mind numerous times about how much money she wanted from me. Moving day came I was out by feb 1st but went back on the 12th or 13th of feb to clean the room I stayed in and to have some furniture I was selling picked up. She did not try talking to me after that day but lied on court paymerwork saying she did. So once again no we didn’t have a contract. Anyway you aren’t actually giving any advice you’re just trying to prove something that’s not true.