Here is the situation:
I moved in with a friend of mine in march of 2005 and due to extreme situation I needed to move out of the place in June of 2005. The only document I signed with him was the lease with regard to the landlord.
Then on friday I received this email:
I just wanted to drop you a line one last time here and let you know that I am still looking for the money that you owe me. As you may or may not know, I have recently started a small production company this past year and as a result of that had have a bit of access to counsel. We've talked about our case here, and it looks like there's enough to move forward at least into a small claims court arena. The magic number that I'm looking for is $1500. Which is $500 over three months. While you were only in residence for two and a half of those months, you still did not provide me with enough time to find and secure a roommate. Even though after you left it was two more months before I could find someone to move in, I'm still only looking for the $1500. And this without interest. You can send a check to the following address:
If I receive payment by January 1, 2011 then I will consider the matter closed. However, if not, I will be looking to move forward in the early part of the year making a small-claims complaint. At this time I will be attempting to retrieve all five months ($2500) with interest at the current APR (aprox 4.25%) and court and lawyer fees. In the interests of full discloser, and in regard to whatever friendship we once had, I do want to tell you this seems about 60% for me. It was quite a bit ago, but I do have the lease as well as back records and emails, so I have a case, but it could be stronger. So it is not a done deal. You can (and I imagine will) continue to play the coward in this regard and fail to make good on your debts as well as failing to speak to them. While I would like to think you are the sort of person to write the check, I know that is not true. Nor do I think that you're likely to be willing to engage in any sort of dialogue about this either. So those things said sometime in the new year you will be served, most likely at your place of business, and then be required to spend (chances are just one) day in court, most likely in Chicago.
I am sorry that it has come to this, but I am not sure what else to do. It is a matter that I desire to be closed so that I can move on past it. I hope to hear from you soon.
Based upon my research the statue of limitations is 5 years, so if he does go though on his threat I can ask that the case be dismissed due to it being time-barred. The written agreement between us and the landlord wouldn't apply in this situation because it was between us and the landlord, not between the both of us. (Does that make sense?).
Please let me know if I am correct in my assumptions,
Thank you.
I moved in with a friend of mine in march of 2005 and due to extreme situation I needed to move out of the place in June of 2005. The only document I signed with him was the lease with regard to the landlord.
Then on friday I received this email:
I just wanted to drop you a line one last time here and let you know that I am still looking for the money that you owe me. As you may or may not know, I have recently started a small production company this past year and as a result of that had have a bit of access to counsel. We've talked about our case here, and it looks like there's enough to move forward at least into a small claims court arena. The magic number that I'm looking for is $1500. Which is $500 over three months. While you were only in residence for two and a half of those months, you still did not provide me with enough time to find and secure a roommate. Even though after you left it was two more months before I could find someone to move in, I'm still only looking for the $1500. And this without interest. You can send a check to the following address:
If I receive payment by January 1, 2011 then I will consider the matter closed. However, if not, I will be looking to move forward in the early part of the year making a small-claims complaint. At this time I will be attempting to retrieve all five months ($2500) with interest at the current APR (aprox 4.25%) and court and lawyer fees. In the interests of full discloser, and in regard to whatever friendship we once had, I do want to tell you this seems about 60% for me. It was quite a bit ago, but I do have the lease as well as back records and emails, so I have a case, but it could be stronger. So it is not a done deal. You can (and I imagine will) continue to play the coward in this regard and fail to make good on your debts as well as failing to speak to them. While I would like to think you are the sort of person to write the check, I know that is not true. Nor do I think that you're likely to be willing to engage in any sort of dialogue about this either. So those things said sometime in the new year you will be served, most likely at your place of business, and then be required to spend (chances are just one) day in court, most likely in Chicago.
I am sorry that it has come to this, but I am not sure what else to do. It is a matter that I desire to be closed so that I can move on past it. I hope to hear from you soon.
Based upon my research the statue of limitations is 5 years, so if he does go though on his threat I can ask that the case be dismissed due to it being time-barred. The written agreement between us and the landlord wouldn't apply in this situation because it was between us and the landlord, not between the both of us. (Does that make sense?).
Please let me know if I am correct in my assumptions,
Thank you.
