Legal Question in Civil Litigation in Florida
Deadbeat roommate
Roommate moved out 1 month early prior to lease expiration, refuses to pay her half of the rent and utilities. Apartment complex says if its not paid then it effects my credit also. Need help on how to collect money due, what papers are needed for me to file in small claims court. if the judgement is in my favor and roommate fails to pay what options do i have for collection? Roomate has left messages on answer machine that she will not pay, can her saved messages be used in small claims court?
2 Answers from Attorneys
Re: Deadbeat roommate
My suggestion would be to retain an attorney for the limited purpose
of drafting a letter to the ex-roommate. The reasoning is because it may
save you the cost of filing a Complaint, getting a judgment, and discovering
that your ex-roommate is essentially judgment-proof (doesn't have any money,
so no way for you to collect).
Often times an attorney's letter can contain information that motivates an
individual to resolve a dispute quicker and less expensive for all concerned.
Good luck!
Journey Beard
Journey Beard
Law Offices of Journey L. Beard
1975 E. Sunrise Blvd., Ste. 726
Re: Deadbeat roommate
Yes, you can pursue a claim in small claims court.
Once you have a judgment there are several different
ways in which it may be enforced. Unfortunately,
the costs to do so may exceed what you might get back.
Also, the debtor could discharge the debt if she
files for and qualifies for bankruptcy. Best thing
to do is determine whether the debtor has nonexempt assets
that you can attach, levy or garnish in order to collect. I
suggest you consult an attorney.
Randall Reder
Randall O. Reder, P.A.
1319 W. Fletcher Ave.
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