Roommate refuses to pay owed money.

[theaviator]

EDIT: Of course as soon as I submitted this, I realized it would be more appropriate in the small claims subforum. I apologize. If a mod could move it or something, I'd be grateful. Sorry again.

About two weeks ago, my roommate wanted to go to dinner with us, but he did not have the funds. I have been on his case lately because he does not attend the majority of his classes. I told him that I would pay for his meal, provided he attends all of his classes for the remainder of the year; furthermore that if he does not comply with this, he would have to pay me back the money I spent on him, plus half the tip.

We drew up a contract (which I can attach if needed) saying basically what I just told you. We both signed it, along with two witnesses.

Yesterday he skipped a class, and now he owes me $14.92. He says he will pay me someday, and that it's no hurry because I did not specify a time that I had to be payed by.

I've informed him that school is over in two weeks, and then I move home, so I would like the payment promptly.

I was curious if there is anything to be said by common law regarding the timeliness of payments.

Note: I realize it's a small amount of cash, but he's not paying me out of spite. This is worth more then just the cash to me.

 

[dee_dub]

If you have a binding contract, which is by no means certain, it is silent on a term. A court might imply a term like "a reasonable time" in which to pay. What that means is anybody's guess. What did the two of you intend? Maybe something like 30 days from the date of breach. Maybe, considering the small amount at stake, he would pay you immediately if he skipped. Maybe "a reasonable time" would be by the end of the school year in order that payment could be made most efficaciously.

 

[theaviator]

He has the money to pay back...he just won't do it to make me angry. I told him yesterday he has until the end of the school year or else we'll be in small claims. (more of a bluff on my half because it's soooo expensive to go that route)

We'll see...