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Getting sued by coworker\ex-roommate\ex-girlfriend
Dinosaur Equals Gas
Registered User regular
Registered User regular
Alright, so I already wrote this once and when I hit submit, it wanted me to login again and didn't post. ![:\](https://forums.penny-arcade.com/resources/emoji/confused.png ":\")
About a year ago, me and a co-worker that I was dating decided to move into an apartment together. We got a 2 bedroom as we were going to have a roommate. The roommate was a friend of mine, and had seemed to have made friends with my girlfriend before we moved in. So it didn't seem like a problem. We both knew that the other roommate didn't have a job but had money in savings and was constantly looking for a job.
So for the first month everything seemed fine. Both myself and my girlfriend were on the lease, but the 3rd roommate wasn't. I had paid the security deposit and first months rent myself and had gotten the rest of the money from them.
After the first month it was clear that the 3rd roommate wouldn't be able to continue paying rent and affording much else without a job. We all came to a compromise that they could do chores for a lower amount of rent until finding a job.
After another month, my girlfriend now sees this as unfair and refuses to pay the agreed portions. I picked up the rest of the 3rd roommates rent and everything seemed fine.
Now in the 3rd month the 3rd roommate finds a job and continues to do their share of the chores but not all like before. This seems fine and they were to pay my girlfriend the rent. We had been paying this way since the start, with my girlfriend paying by check and the rest of us giving her cash. (Not the best idea...)
With the 4th month in, the girlfriend now complains that the roommate didn't give her rent money. Even after I seen that they did over a week ago. I tell my girlfriend to let them know and to work it out. I didn't hear anything else about it.
Now into the 5th month, I tell my girlfriend that a friend would be getting a job here soon and that they would need a place to stay for a bit while finding an apartment. She wasn't thrilled but because she knew that the job was a sure thing, she said ok.
The friend moved into the apartment at the end of the 5th month, maybe 2 days before the end. So now into the 6th month, she is unhappy about him living with us about half way though. She informs me that she would like to move out and I accept.
She has a document written up that I was to pay for her half of the security deposit, have her name removed from the lease, and that she would be moved out by the end of the month with all of her items. We had the document signed and notarized, with both of us signing it as well. After a few days she moved out with her stuff and we break up.
Fast forward 6 months to this week. I got served papers at work one morning by her dad. After that happened it was a WTF moment, and after reading her claims and what she is suing for, it is an even bigger WTF.
She states that myself and the other roommate had never paid rent in the months that she lived there. As well as me refusing to return some of her items. It appears that she is trying to get the 3rd roommates rent though me and stating that I am financially responsible for them. She goes on to state that I would spend my money on conferences and conventions, never once taking her. I goto those for my job, which they pay for.
Honestly, I don't think her case is that solid. While I don't have checks to back up me paying rent, I do have bank statements showing me taking out the rent amount every month. However, I do have the document that says that I was to pay her back for the security deposit but it makes no mention of any rent due to her.
Overall, it appears like it is a bunch of non-sense and her trying to get some money out of me for whatever reason. When we broke up, I had felt that we didn't really have a bad break up and that everything was fine. Now being 6 months later it seems odd that she would come after me for something like this.
Friends and co-workers all agree that it doesn't sound like she will win, and many have mentioned that I could sue for her creating a hostile work environment. But I really don't want to go down that route, it would just feel like more trouble than it is worth.
So now, I need to know what you guys think. Does it sound like she even has a case? Or does the document she signed pretty much cover me for everything? What type of information should I try to get and have evidence on before the court date?
Thanks.
About a year ago, me and a co-worker that I was dating decided to move into an apartment together. We got a 2 bedroom as we were going to have a roommate. The roommate was a friend of mine, and had seemed to have made friends with my girlfriend before we moved in. So it didn't seem like a problem. We both knew that the other roommate didn't have a job but had money in savings and was constantly looking for a job.
So for the first month everything seemed fine. Both myself and my girlfriend were on the lease, but the 3rd roommate wasn't. I had paid the security deposit and first months rent myself and had gotten the rest of the money from them.
After the first month it was clear that the 3rd roommate wouldn't be able to continue paying rent and affording much else without a job. We all came to a compromise that they could do chores for a lower amount of rent until finding a job.
After another month, my girlfriend now sees this as unfair and refuses to pay the agreed portions. I picked up the rest of the 3rd roommates rent and everything seemed fine.
Now in the 3rd month the 3rd roommate finds a job and continues to do their share of the chores but not all like before. This seems fine and they were to pay my girlfriend the rent. We had been paying this way since the start, with my girlfriend paying by check and the rest of us giving her cash. (Not the best idea...)
With the 4th month in, the girlfriend now complains that the roommate didn't give her rent money. Even after I seen that they did over a week ago. I tell my girlfriend to let them know and to work it out. I didn't hear anything else about it.
Now into the 5th month, I tell my girlfriend that a friend would be getting a job here soon and that they would need a place to stay for a bit while finding an apartment. She wasn't thrilled but because she knew that the job was a sure thing, she said ok.
The friend moved into the apartment at the end of the 5th month, maybe 2 days before the end. So now into the 6th month, she is unhappy about him living with us about half way though. She informs me that she would like to move out and I accept.
She has a document written up that I was to pay for her half of the security deposit, have her name removed from the lease, and that she would be moved out by the end of the month with all of her items. We had the document signed and notarized, with both of us signing it as well. After a few days she moved out with her stuff and we break up.
Fast forward 6 months to this week. I got served papers at work one morning by her dad. After that happened it was a WTF moment, and after reading her claims and what she is suing for, it is an even bigger WTF.
She states that myself and the other roommate had never paid rent in the months that she lived there. As well as me refusing to return some of her items. It appears that she is trying to get the 3rd roommates rent though me and stating that I am financially responsible for them. She goes on to state that I would spend my money on conferences and conventions, never once taking her. I goto those for my job, which they pay for.
Honestly, I don't think her case is that solid. While I don't have checks to back up me paying rent, I do have bank statements showing me taking out the rent amount every month. However, I do have the document that says that I was to pay her back for the security deposit but it makes no mention of any rent due to her.
Overall, it appears like it is a bunch of non-sense and her trying to get some money out of me for whatever reason. When we broke up, I had felt that we didn't really have a bad break up and that everything was fine. Now being 6 months later it seems odd that she would come after me for something like this.
Friends and co-workers all agree that it doesn't sound like she will win, and many have mentioned that I could sue for her creating a hostile work environment. But I really don't want to go down that route, it would just feel like more trouble than it is worth.
So now, I need to know what you guys think. Does it sound like she even has a case? Or does the document she signed pretty much cover me for everything? What type of information should I try to get and have evidence on before the court date?
Thanks.
Dinosaur Equals Gas on
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Yeah. She shows graphs of what should of been paid, and then what was "actually" paid. It was all news to me that she even thought that this was a problem. I had always paid my rent.
I say "actually" paid because that is what she thinks is paid. The graphs that show what should of been paid is more accurate than her "actual paid" graphs.
No, she doesn't have shit for a case.
Ah.
To distract from my own failing, yes, it is dumb to have no record of having ever paid your own chunk of rent. Separate leases ftw.
It also mentions that I agree to pay the security deposit and last months rent to her within 4 months.
I don't want to put the entire thing online but if someone like Doc wants to see the whole thing I can PM it.
The funny thing about this document is that it said I owed her for the "last month" of rent, meaning actually this month. Because she believed that we paid for first month, last month, and a security deposit. This turned out to be false but she states that I paid in full, so I'm not worried on that part.
It's clearly a scare tactic to scam some cash out of you on the off chance you were stupid enough to fall for it, if she takes this garbage to court she's as dumb as she thinks you are.
Solution: go to an actual court instead of participating in a low-budget television drama.
which are fake anyway.
Not true, it is a real low-budget television drama, just as real as Jerry Springer.
And most of us are not on crazy-chick's side. A check provides proof, but a record of withdrawing the right amount once a month every month isn't going to just get thrown out in small-claims court.
Small claims court is a court of equity. The judge can consider the bank statements as evidence or not; it's up to the judge. Same with what you're saying about paying in cash. If the judge decides that you're lying, s/he could find for your ex, and there's not a whole lot you can do about it other than show up for court in a suit, act maturely, and not interrupt. This is why you should have been paying her via check or money order.
I already planned to do this. I know the cash was a bad idea. But it didn't seem like a bad thing at the time.
As a side note, all the utilities were and are still in my name. She would pay me cash for her share on that as well. Because I would have proof of me paying those electronically and would have no checks from her on them, I would think the judge would be more willing to believe that I paid cash for rent and she paid cash for utilities.
And it is kind of annoying, because you have all these things to show, and even if you are nice and calm, he or she will just say "that's not necessary, I don't want to see it" And even if you had written statements from witnesses, they can still say its not admissible.
Just remember she has to prove her case, and ties go to the defendant. Let her talk herself into circles, judges usually let that happen.
I can almost 90% guarantee that the judge won't read anything beyond the first page in the papers filed (basically, the reason why she is suing you on the small claims petition).
I say all of this as having gone to small claims last year to help the my employer sue another company. My own boss froze up so I had to jump in and establish why they owed a remainder of a fee, etc. I was fucking pumped, because I got to establish the defendant was lying about stuff by showing e-mails where they were CC'ed on and had one of their employees acknowledge the agreement. Like Phoenix Wright and shit, yo.
Everyone should sue/be sued at least once just to know how it's done. It's actually quite fun. I also suggest going to the court where you will appear for a morning of afternoon docket, just watch and see how stuff is done. That way it doesn't rattle you.
Bottom line, if what you're saying is completely true, she's going to have to spin a huge web of lies in order to try and prove her side, which any small claims judge is going to see right through and trip her up. Don't interrupt, wait your turn. Don't stand on your side and roll your eyes or anything, even if she tells some incredible whoppers. Have all your documents organized and practice telling your side of the story so you'll be ready. You may get screwed on this one though, since you have no record of actually giving her the money.
That right there is the money shot. The thick, gooey money shot.
When she gets to that in her rambling, and the judge asks for your side, simply state "You honor, if I had owed her money, would this have not been in the contract I signed, that way it is documented? The whole point of the contract was to tie up loose ends, and money still owed would be one of them. Yet it's not there."
The judge should entertain that, ask her why wasn't it put in, and she'll either stumble out something, play the victim, or lie. And once they start lying, a Judge will smell it and go in for the kill.
Tuesday was fun... got a threatening phone call from her father... so stupid. Filed police report. Don't think anything well happen. Oh well fun times.
If he threatens you again, I'd file for a restraining order.
Though like others, I want to know how it all went down!
When it got to the games, he asked about those and I was honest. I told him 3 of the 4 are mine, the last is hers and she is free to have it. All the games were purchased around specific dates, like Christmas and my birthday. So it worked in my favor of having the games release dates around the same time too. Her defense was "I bought the games on his recommendation but I don't owe a Wii so I played on his." He was really upset that she actually was suing for the video games as well.
I didn't have to pay any legal fees or anything. The judge was very upset with her on multiple things and even told her that she should have never sued me in the first place and should have setup mediation between us. As it is not only free, but preferred for things like this. I agreed with him that I suggested this at the start and she ignored it. He also told her the court room was for adults and not silly things like this.
As for the father threatening my life.. if he continues to call or I see him around my apartment I will be calling the police again and doing more than just filling a police report. He has no reason to be around my neighborhood since he lives in a different city but I'm sure he might make an appearance. It was really random too, cause I did nothing that should have set him off like that except for winning the court case. But crazy people are crazy....
Thanks everyone for your earlier advice.