Legal Question in Credit and Debt Law in California

Roommate owes me big!

Over the Christmas holiday, while I was visiting my family, my roommate, without my permission, ''borrowed'' and totalled my car. She now owes me over $7000 for the outstanding loan balance (I only had the vehicle for 5 months) and rental car payment - I am still driving the rental around until she pays off my previous car loan, but I realize that is not happening anytime soon. She keeps promising me that she's getting a loan, but she has horrible credit and is in debt to many besides myself. I have decided I need to sue her to assure that I''ll get this money - but I don't know what kind of lawyer can help me - is there a ''personal collections lawyer'' or is it personal injury or what? Please help me!


Asked on 3/13/02, 4:44 pm

4 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Roommate owes me big!

Contact your insurance carrier. They will pay off the loan and then go after your roomate for you.

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Answered on 3/14/02, 11:04 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Roommate owes me big!

I am sorry to hear about your roommate. I think the first reaction that many attorneys will have when reading your posting is, 'What about insurance?' If the car was totalled, her insurance policy, or the one you have on the car (you did have one, by law, didn't you?) should cover the property damage.

As you might guess from the name, it's only personal injury if a person was injured (physically) from the accident. Otherwise, you have a civil lawsuit for the damage to your property. Most attorneys will take this type of case hourly, and you likely will not get your attorneys fees expended returned to you.

If you have other questions, or more details for me, please feel free to email -- I'm happy to help in any way that I can.

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Answered on 3/13/02, 5:02 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Roommate owes me big!

Actually your roomate owes you more than the balance owed on the car. Without discussing her being guilty of conversion, a civil tort, for which you could claim damages, as well. She owes you for the market or replacement value of the car. What kind of a lawyer? Any attorney will do nicely. This is a basic law suit and doesn't need any kind of specialist.

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Answered on 3/13/02, 6:37 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Roommate owes me big!

it is a simple case. any lawyer in general practice or civil litigation can do it.

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Answered on 3/13/02, 11:19 pm


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