Room mate moved out without paying

Jojoboyslife

Jojoboyslife

New Member
Jurisdiction
California
So I had a class mate who became homeless and I let him and his gf stay with me in my very small apartment and I even took the couch for them while they used my bed. What was suppose to be max 2 months turned into 5 the girl friend was always on time with rent but the "friend" was not we had a disagreement and finally asked them to move out the amount that they still owed me was 520 dollars. And they left without paying me can I take them to court? Now for the more technical part was 1 they were not on the lease but I have written agreement in the amount they were to pay and even reminders of how much they owed me he said he would pay me the day after they moved out and then that say they never replied I havnt heard a single thing from them and I really need that money now am o able to settle this in court or is it a lost cause since they were not on the lease even though I have proof of agreements. On how much they owe with them acknowledging it.
 
Jojoboyslife said:
So I had a class mate who became homeless and I let him and his gf stay with me in my very small apartment and I even took the couch for them while they used my bed. What was suppose to be max 2 months turned into 5 the girl friend was always on time with rent but the "friend" was not we had a disagreement and finally asked them to move out the amount that they still owed me was 520 dollars. And they left without paying me can I take them to court? Now for the more technical part was 1 they were not on the lease but I have written agreement in the amount they were to pay and even reminders of how much they owed me he said he would pay me the day after they moved out and then that say they never replied I havnt heard a single thing from them and I really need that money now am o able to settle this in court or is it a lost cause since they were not on the lease even though I have proof of agreements. On how much they owe with them acknowledging it.
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Sure, you can sue them (or him) in small claims court.

You'll probably prevail, but then you have to collect on your judgment.

He's homeless. He's a deadbeat. He's a moocher. He's a leech.
You'll never see a dime of that $500.
Plus, you'll lay out another $100 to pay for fees and costs required to sue the bum.

Be smart, just don't ever get snookered by some bum's hard luck lies.
Let it go, and don't throw good money away chasing bad.
 
You can certainly sue in small claims court if you wish. However, as noted the problem is collecting on the judgment even if you win. The court doesn't collect it for you.

It's always best never to let anyone stay with you/move in with you.
 
army judge said:
Sure, you can sue them (or him) in small claims court.

You'll probably prevail, but then you have to collect on your judgment.

He's homeless. He's a deadbeat. He's a moocher. He's a leech.
You'll never see a dime of that $500.
Plus, you'll lay out another $100 to pay for fees and costs required to sue the bum.

Be smart, just don't ever get snookered by some bum's hard luck lies.
Let it go, and don't throw good money away chasing bad.
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The person has a job is well off financially and I would be able to get a document to garnish wages that I could turn into the bank where he banks at if I do prevail in small claims court correct? and they would be able to give me the money he owes me correct?
 
You might be able to yes. However, it's always possible the person might move his bank account/empty his account or some such thing.
 
Ve
Betty3 said:
You might be able to yes. However, it's always possible the person might move his bank account/empty his account or some such thing.
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ry true but that's why you just don't let them know about it and do it as soon as possible that's why you do your research and know what your suppose to do in these cases but another question I have is what if they don't pay? Don't they have to can the be penatalized for not paying the judges ruling? Or what is the point in even sueing
 
Jojoboyslife said:
Ve

ry true but that's why you just don't let them know about it and do it as soon as possible that's why you do your research and know what your suppose to do in these cases but another question I have is what if they don't pay? Don't they have to can the be penatalized for not paying the judges ruling? Or what is the point in even sueing
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You've asked the most prescient question about small claims lawsuits.

The answer is what I intimated earlier.

The vast majority of small claims plaintiffs are successful in receiving the award sought.

Then reality sets in, because a mere 5-7% of those successful plaintiffs ever collect a dime awarded to them.

Levying against a bank account for a pro se litigant isn't any easier than it is for a debt collector with a judgment, or an experienced trial attorney.

Debtors drain their bank accounts and go cash free, or ore-paid debit card. Debtors give their money to trusted relatives, or spouses, or friends.

Many losers simply file bankruptcy to defang that money judgment.

Deadbeat parents stop working to avoid paying child support, and so do defendants with a judgment hanging over their head.

I've practiced law for decades. The law isn't as pure as the politicians lead citizens to believe, if it were slavery would never have eisted for centuries in this country, women and people of color would have been granted the franchise with the founding father European males, Jim Crow wouldn't have been allowed to succeed slavery, Japanese citizens wouldn't have been locked up for having Asian DNA, and the hits keep right on coming.

So, go ahead sue, because winning makes us all feel better.



But, know this, 95% of those winners never collect a dime owed to them.



Last point....

No, once the judgment is issued, there's nothing more the court can do.
Why?
Well, the court made its money off the deal.
You got your pretty piece of legal paper, and its your duty to collect that judgment.

Why?

Because, in this country owing a debt (unless its owed to the government) can't be criminalized. Thus, it's your responsibility ALONE to collect on the beautiful piece of legal paper.
 

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