Wasn't sure if this belonged here or in Chit-chat. Move it if its in the wrong place.


My old roommate (2009-2011) owes me rent and for our carpet. He paid his rent on time, so I didn't have any big problems with him. But the last month before we moved out, he told me he couldn't pay rent - he loaned money to a friend who was in trouble and said he'd pay me back. He also owed me for our carpet - he house sat a dog that freaked out without its owner and tried to dig its way out of his room. Ugh.

He offered to sign something that said he'd pay me $x. For whatever reason I trusted him, so I didn't, and took 3 postdated checks for that was about half of what he owed me. (But the checks were dated 2010 and not 2011 and my last name's slightly misspelled - maybe carelessness)

When the first check's time rolled around in April he asked me not to cash it. He lost his job and has a lot of other debt. I've followed up since, and he has some excuse about why he can't pay me. He paid me 100 over paypal in the summer so I held out some hope. I let it slide and just messaged him once a month, asking for something, and I've got nothing from him. Over the last few months he hasn't replied.

I want to know what my options are. I don't have a paper trail, which is unfortunate, but I do have 3 checks I could try to cash. He's also still friends with me on Facebook, so I have that option as well. Should I get more aggressive with him? He seems to be a slacker that loves taking debt (he tried to get a monthly payment with some guy to fix our carpet, instead of paying it off)

I'd be more then happy to just get the checks cashed since its been so long, and a lot of this came from my naivety.

2/7/2012 11:42:38 AM

Quote :

"Should I get more aggressive with him?"

Obviously its probably not worth it to get an attorney, unless you have a friend that would do it for free or a round of drinks...because a demand letter with a law firm's letterhead works wonders.

But I would go get the paperwork for Small Claims Court, fill it out, make a copy and send it to him with a nice letter that says you are going to file in small claims court if he doesn't pay you in one/two weeks (or whatever time you'd like).

If he doesn't pay you, then file in small claims court.

/thread

2/7/2012 11:47:09 AM

On that though, do I have the evidence? I still had to pay the last month of rent/carpet; our landlords didn't make us pay any of that stuff individually.

2/7/2012 11:51:09 AM

ugh, this always sucks. in most cases i'd say don't expect to get your money back, especially if we're talking stuff going back to 2010. if he seems sincere about wanting to pay, just can't at the moment, maybe you can get some collateral out of him. maybe he's got an xbox or a tv or something you can convince him to let you hold onto until he comes up with the cash

2/7/2012 11:52:03 AM

Quote :

"On that though, do I have the evidence? I still had to pay the last month of rent/carpet; our landlords didn't make us pay any of that stuff individually."

His postdated checks. Any emails/texts/messages that you can find where he admits he still owes you money (it would be nice if you could get some confirmation in an email from him now...that would be usable in court).

[Edited on February 7, 2012 at 11:54 AM. Reason : .]

2/7/2012 11:54:15 AM

That's pretty sorry of him to forgo paying his own rent so that he could loan money to someone else. He basically gave them your money.

With people like this I've found you have to catch them when they're up. Nag him too much now and he'll likely get pissed off and make up an excuse to never pay you. Wait until he gets a new job and starts getting paychecks then put the pressure on him.

Or cash the checks, let them default, and call the Sheriff's office. CarZin has done a pretty good writeup of the process in the past. Basically when he wrote the check he was agreeing to pay that amount and there is really no way he can dispute it.

[Edited on February 7, 2012 at 12:15 PM. Reason : s]

2/7/2012 12:14:39 PM

Don't checks usually have a 90/180 day limit though?

2/7/2012 12:16:43 PM

Quote :

"Don't checks usually have a 90/180 day limit though?"

Its usually up to the bank to decide. But 3 months is where the bar is usually set.

2/7/2012 12:24:08 PM

I would say you are screwed unless you want to be a complete ass.

If you are going to sue the SOL is three years from when the debt is incurred. After 3 years from when the debt is incurred or the last missed payment occurred you can not file suit.

2/7/2012 12:44:02 PM

Is this guy named Michael Glapion???

2/7/2012 12:48:52 PM

^ ha

2/7/2012 12:49:27 PM

no, but he might be a thief and a liar

2/7/2012 12:54:22 PM

Quote :

"On that though, do I have the evidence? I still had to pay the last month of rent/carpet; our landlords didn't make us pay any of that stuff individually."

He wrote you checks. At that point it doesn't matter if he ever needed to pay, now all that matters is that he signed checks promising to pay.

Just hold onto the checks, wait for him to get a job, then hassle him about when you can deposit them. But don't wait too long, as your right to sue runs out after a few years.

2/7/2012 6:30:54 PM

mistake #1 was trusting a "friend" to pay you back. You're not a bank; don't give out loans.
mistake #2 was not documenting this fully.


try to scare him with small claims; or if it's enough money, try getting a lawyer to write something up, if they even will. otherwise, lesson learned.

2/7/2012 6:54:20 PM

I am going to offer one insight...

Before my husband and I got married he bought a house and rented out 2 rooms. He had 2 people stick him for 2-4 months rent. (The process to formally kick someone out it quite long.)

We were just paid in full from one of the guys 4 years after he incurred the debt. (1348) He said he felt bad sticking it to someone who tried to help him out. The other guy has made sporadic payments since he moved out is at less than $400. We feel like every time it is found money.

2/7/2012 9:42:34 PM

Never a borrower, nor lender be...(from/to friends)

Threaten him with small claims, don't roll over. Tell him you'll be using his check as contractual evidence and that you need your money. Unless he has no possessions and is living in a shelter he can find a way to pay you back.

2/7/2012 10:15:47 PM

It was my mistake no question. I hate borrowing money and I sure as hell hate loaning it (now more then before).

Thanks for the advices.

2/8/2012 4:08:04 PM