Being sued and need some advice ASAP

[Whit]

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.

I had no choice in the matter I had to move I wasn’t on the lease the apartment was hers and she put in her 30 day notice to the landlord. I did not live there after January 31st

 

[Whit]

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

That’s true but there’s a lot more involved than just trying to collect a few years later. She will once again have to deal with the court and that cost money. On top of that she would need to know my job, where I’m living and a whole list of other things. To keep it going so long she will also have to renew it. Either way I don’t owe her so much money, I have a couple witnesses to this entire thing anyway. One will be with me in court and the other is writing a letter.

 

[Zigner]

That’s true but there’s a lot more involved than just trying to collect a few years later. She will once again have to deal with the court and that cost money. On top of that she would need to know my job, where I’m living and a whole list of other things. To keep it going so long she will also have to renew it.

The entire process is a matter of filing a single form. No costs, and no direct dealing with the court. Total cost is the cost of a few pieces of paper and a few stamps. As to tracking you down to renew the judgment, well, it's on YOU to keep the court apprised of your new address. If you don't, then the judgment creditor will simply mail the form to the most current address on file with the court and, voila, you've been served with the renewal paperwork. Additionally, as part of the debtor's exam, you'll be giving the judgment creditor your social security number, driver's license number, banking information, etc.

Either way I don’t owe her so much money, I have a couple witnesses to this entire thing anyway. One will be with me in court and the other is writing a letter.

The letter will be inadmissible in court as hearsay. In any case, this is a separate matter from what happens with any judgment that may be awarded.

 

[Zigner]

I had no choice in the matter I had to move I wasn’t on the lease the apartment was hers and she put in her 30 day notice to the landlord. I did not live there after January 31st

So you CHOSE to leave early? Did you give notice?

 

[latigo]

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.

Well you seem to have covered everything EXCEPT the most essential element, which is:

WHAT WERE THE TERMS OF YOUR AGREEMENT WITH THE FORMER ROOMMATE?!

Your conclusions of what you think you owe and what you don't think you owe are nothing but self-serving rhetoric and the judge is not about to buy any of it unless you convincingly establish what you and she agreed as being your total financial contribution.

It sounds as if your obligation was limited to a flat monthly dollar figure to include your use and enjoyment of utilities. If so, you need to firmly state so to the court and admit that you do owe something or other for rent, but a lesser amount than she is claiming. You might add if true, that she has never shown you a copy of her underlying lease agreement. And that she has never made it clear whether she in fact has the authority under her lease to sublet raising the question of to whom do you owe rent? To her or her lessor?

If her lease doesn't permit her subletting, then could possible be held liable to the owner of the property under the doctrine of quantum meruit or unjust enrichment.

Also with regard to the utilities make certain that the court understands she's never made any demands on you prior to her lawsuit concerning the utilities and that you have never made any separate payments to her to cover any utility billings. AND in fact she has never presented you with any utility billings.

The same with respect to the security deposit. That is, make it known to the judge that she has never mentioned the subject of the security deposit until she filed her claim.

Try to impress upon the court what seems obvious and that is that she has shot gunned with random claims never before discussed and without any legal grounds other than the issue of rent - which you admit to partly owing; but that you are not sure of to whom it is owed. The more you can dwell on this issue, that is, her right to sublet under her lease, the more it detracts from her evidence.

Curiously though, if the outcome form the court this coming Monday is such a big deal in your life and I'm sure that it is, then why have you waited until the eleventh hour to ask how to represent yourself?

 

[Whit]

Well you seem to have covered everything EXCEPT the most essential element, which is:

WHAT WERE THE TERMS OF YOUR AGREEMENT WITH THE FORMER ROOMMATE?!

Your conclusions of what you think you owe and what you don't think you owe are nothing but self-serving rhetoric and the judge is not about to buy any of it unless you convincingly establish what you and she agreed as being your total financial contribution.

It sounds as if your obligation was limited to a flat monthly dollar figure to include your use and enjoyment of utilities. If so, you need to firmly state so to the court and admit that you do owe something or other for rent, but a lesser amount than she is claiming. You might add if true, that she has never shown you a copy of her underlying lease agreement. And that she has never made it clear whether she in fact has the authority under her lease to sublet raising the question of to whom do you owe rent? To her or her lessor?

If her lease doesn't permit her subletting, then could possible be held liable to the owner of the property under the doctrine of quantum meruit or unjust enrichment.

Also with regard to the utilities make certain that the court understands she's never made any demands on you prior to her lawsuit concerning the utilities and that you have never made any separate payments to her to cover any utility billings. AND in fact she has never presented you with any utility billings.

The same with respect to the security deposit. That is, make it known to the judge that she has never mentioned the subject of the security deposit until she filed her claim.

Try to impress upon the court what seems obvious and that is that she has shot gunned with random claims never before discussed and without any legal grounds other than the issue of rent - which you admit to partly owing; but that you are not sure of to whom it is owed. The more you can dwell on this issue, that is, her right to sublet under her lease, the more it detracts from her evidence.

Curiously though, if the outcome form the court this coming Monday is such a big deal in your life and I'm sure that it is, then why have you waited until the eleventh hour to ask how to represent yourself?

Thank you for your response it was actually helpful and not just spouting off your opinion. To answer your question this was my last form of information. I have been doing my research since this entire thing began. I just stumbled on this web forum the other night and figured it couldn’t hurt to ask.

 

[not2cleverRed]

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.

Advice: going to court saying that you never had a contract, when it is clear that you had some sort of agreement, will result in you getting nailed, known legally as a judgement against you, made to the full extent possible. Why? Because what you are saying is so far out of the norm as to seem untruthful. It doesn't make sense.

 

[Whit]

So you CHOSE to leave early? Did you give notice?

Yes I GAVE notice, I had to be in the place I currently reside by the 1st of Feb there’s wasn’t an option for the 13th. If it wasn’t the first I had to wait until the 1st of March which I couldn’t do because I wouldn’t have ANYWHERE to stay while I waited.

 

[Zigner]

Yes I GAVE notice, I had to be in the place I currently reside by the 1st of Feb there’s wasn’t an option for the 13th. If it wasn’t the first I had to wait until the 1st of March which I couldn’t do because I wouldn’t have ANYWHERE to stay while I waited.

Right - so you owe 13 days for Feb.

 

[latigo]

Thank you for your response it was actually helpful and not just spouting off your opinion. To answer your question this was my last form of information. I have been doing my research since this entire thing began. I just stumbled on this web forum the other night and figured it couldn’t hurt to ask.

Listen, please.

When you moved into the rental unit you did so after arriving at an understanding with the occupant defining your financial obligation. Is there some reason why you are refusing to disclose what it was?!

The judge will be interested in knowing and your adversary will certain explain her version of the understanding. So why can't those from whom you seek help know your recollection of the agreement?

If you aren't going to discloses something as critical yet simple as that, then why the blazes are you in here wasting our time?

 

[not2cleverRed]

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.

Legal advice: don't enter a court room with this attitude. It makes you come across as... difficult. As in, "I owe some money but I'm doing everything I can to make sure you can't get it."

Listen, please.

When you moved into the rental unit you did so after arriving at an understanding with the occupant defining your financial obligation. Is there some reason why you are refusing to disclose what it was?!

The judge will be interested in knowing and your adversary will certain explain her version of the understanding. So why can't those from whom you seek help know your recollection of the agreement?

If you aren't going to discloses something as critical yet simple as that, then why the blazes are you in here wasting our time?

Careful. OP might report you.

 

[Whit]

Listen, please.

When you moved into the rental unit you did so after arriving at an understanding with the occupant defining your financial obligation. Is there some reason why you are refusing to disclose what it was?!

The judge will be interested in knowing and your adversary will certain explain her version of the understanding. So why can't those from whom you seek help know your recollection of the agreement?

If you aren't going to discloses something as critical yet simple as that, then why the blazes are you in here wasting our time?

I’m not wasting anyone’s time, the discussion we had was a flat rate. It was what I could afford but no more than $585 that was what I was able to give so that’s what I gave her there’s wasn’t any discussion of any other payment other than rent. I didn’t get shown any other bills, I wasn’t asked for anything else and I never got to see the lease so I only knew what she told me. She told me when I asked about the landlord if it was okay for me to be there that she told the landlord that I was just helping her and her kids adjust to the new move for a month or two and I’d be gone. Thats not what we talked about of course but that was her cover story. We didn’t have any issues with it until she told me she was putting in a 30 day notice and I couldn’t give her that full amount for January because I had to keep it to move or I wouldn’t have been able to. I let her know I couldn’t give her the full amount for Jan because I had to move and she didn’t even say anything to me. She didn’t talk to me at all in fact she would deliberately ignore me when I was around. The last time she spoke to me was on the 12th of Feb and it was some random comment about her ex husbands new girlfriend.

 

[Zigner]

I’m not wasting anyone’s time, the discussion we had was a flat rate. It was what I could afford but no more than $585 that was what I was able to give so that’s what I gave her there’s wasn’t any discussion of any other payment other than rent.

That's a CONTRACT...yeesh

 

[not2cleverRed]

That's a CONTRACT...yeesh

Hush Zig! "Anyway you aren’t actually giving any advice you’re just trying to prove something that’s not true."

 

[Zigner]

Hush Zig! "Anyway you aren’t actually giving any advice you’re just trying to prove something that’s not true."

You are, of course, right.