Legal Question in Civil Litigation in Kansas
My roommate owes over $800 in past-due fees for an apartment we shared and bills that were in our shared name. I have paid my "half" of the fees and bills, but he has not paid his. I have documents where he stated that he would pay for these fees, but he still has yet to pay them. Both places have agreed to set up payment plans with him, but both have also threatened collections if payments are missed. I'm worried that he will not make payment, these bills will go to collections and that my credit will be permanently damaged. Do I have to wait for the bills to go to collections before I can take him to small claims court? Or can I go ahead and pay off these past-due bills and take him to court for reimbursement?
1 Answer from Attorneys
Based upon the facts you described, you cannot take your ex roomate to court until you pay the bills. You do not have to waqit until the debt goes to a collection agency. The creditors can take him to court now. They will also sue you when they do this. Perhaps you should pay the bills and then go after your ex=roomate.
Good luck
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