Legal Question in Credit and Debt Law in Minnesota

A now ex roommate/ex boyfriend owes me over $7000 in rent along with $5000 for other things. This person was and still is on the lease that states they are to pay half of rent and have yet to pay any of it. I do have a paper trail showing I payed everything, I payed the full amount because I did not want to be evicted. I know he has no amounts coming out of his bank accounts to me or that where for rent or that equal any a out that would be used for rent. I also have messages from him stating how much money he owes me and for what. I also would be willing to record a phone call for proof. What can I do to get my money back?

Asked on 2/25/14, 3:58 am

4 Answers from Attorneys

David Anderson Anderson Business Law LLC

Best course of action:

Have an experienced Business Attorney send him a Demand Letter for full amount of claim, and if there is no adequate response, follow up immediately with litigation ( lawsuit ) for all amounts, plus interest and court costs.

Call or email for no charge consultation.

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Answered on 2/25/14, 4:19 am
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

It appears this is not an issue that will readily be settled in a out of court manner. Conciliation court legal issues are 'capped' at $10000. It appears initiating a civil lawsuit in district court may be appropriate. It is good that you have documentation, of course. I suggest you have attorney assistance at this time. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Civil Law Attorney, Minnesota Debtor Creditor Law,

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Answered on 2/25/14, 4:39 am
Morgan Kavanaugh Wilkerson & Hegna, PLLP

The quickest and cheapest option would be to immediately sue them in small claims court. While your claim would be capped at $10,000 in small claims, you would save on filing fees and get a quicker hearing date. While small claims court is setup for people to handle disputes without an attorney, it is still best to consult an attorney to help you handle the complaint and service of the action on the other party.

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Answered on 2/25/14, 10:36 am
Sam Calvert Calvert Law Office

You will likely need to sue him. Conciliation court should be considered, due to the cost. You would need to reduce your claim to $10,000. A suit in district court could be for the full amount. You also need to do a risk/reward assessment about the likelihood of collecting.

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Answered on 2/25/14, 7:31 pm

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