Re: Small claims court question
- From: nospam@xxxxxxx
- Date: Fri, 23 Jun 2006 22:06:50 GMT
On 23 Jun 2006 11:21:50 -0700, dweber5@xxxxxxx wrote:
[ I didn't get along with my former roommate but
constrained myself to stay in our apartment until
only two monthsremained on our lease but, even then,
out of what I contend was the goodness of my heart
I paid my share of the rent at the old apartment for
those months though then residing elsewhere and also
a portion of the final utilities though the utilities
account was just in his name. Despite this generosity,
he claims I should eimburse him for about $96 dollars
he paid for utilities during his but not my occupancy and
says that he will sue me in small claims court for more
than what is owed if I do not pay. I]s this possible?
Yes, assuming he sues in a small claims court which would have
jurisdiction over you (e.g., in the municipality in which you and he
resided, if you still live there, or wherever you now reside),
although you do not provide enough information about the
jurisdiction/venue rules (the answers to, Who may sue who where?) for
the court your former roommate has in mind to answer whether it is
probable that he would sue you.
You also do not adequately explain how you can be reasonably
concerned with a dispute about the payment or not of the obviously
trivial sum of $96 or what practical difference it would probably make
to you if, possibly, he were to sue you for more than that sum.
[ When we lived together, I usually paid the bills on
both our behalves then adjusted our respective
contributions for rent and related expenses at the
end of the month to try to account for our separate
as distinguished from joint expenses, although I
also often ended up paying more than him but let
it go. But I'm wondering if I could and should
counterclaim if he sues me? ].
Most small claims courts throughout the country allow for
counterclaims at least at least for lawsuits re. which the parties'
competing claims arise out of basically the same underlying
relationship and related facts (e.g., a chickensh*t dispute between
former roommates about rent/expense allocation) though whether a
particular small claims court allows for this will depend on that
court's governing statute and rules.
Of course, you also leave unanswered -- besides how any litigation
between the two of you could make any sense (let alone why you're
bothering to bicker with your erstwhile friend or even communicate
with him at all) -- how you can expect to explain credibly to a judge
how and why your former roommate ought be made to pay you sums you
decided earlier to forgo.
Any info is appreciated.
.
- References:
- Small claims court question
- From: dweber5
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