...Except it's not.

12/21/2009 1:01:09 PM

It appears that Craven County doesn't have the Worthless Check program. I guess I'll either have to do small claims court, or hire a lawyer and sue him.

(which may be just as well...he owes me for 3-3.5 months worth of rent, but I only have bad checks for 2 of those months)

[Edited on December 26, 2009 at 11:54 PM. Reason : ]

12/26/2009 11:53:45 PM

Quote :

"i also do not have leases with my tennants -- primarily because they have thus far been friends of mine, and we operate under the tennet of "treat this as if it were your own house"."

That doesnt work if the person treats their own house like crap.

12/27/2009 1:01:37 AM

so, of all odd coincidences, I was seated next to my ex-roommate on my flight back to new bern this afternoon, haha.

I didn't have an extensive conversation with him, but I did learn that he fears that his store location is about to be closed, so he's applying for jobs in other states in the next couple of weeks.

I suppose that means that if I'm going to take legal action against him, I need to at least get things filed before he leaves NC? What happens if he leaves?

Again, Craven County doesn't appear to have a bad checks program...I suppose that small claims court is the only other recourse?

1/4/2010 8:12:28 PM

So he doesnt have money for rent but has money for flights/travel?

1/4/2010 8:19:31 PM

he has money for flights/travel because he bought his airline ticket home for Christmas before I started trying to deposit checks when I got home from AZ.

1/4/2010 8:28:03 PM

sounds like a waste of time and resources to chase after it. just get him out of your house, get a new roommate and move on. take it as a lesson learned to not allow the next roommate to get behind on rent at all.

1/4/2010 9:00:20 PM

yeah, he's already gone, and lesson learned...but I want to get my money back if I can, and hook this asshole up with a credit report in the toilet or a misdemeanor charge for bad checks if I can't.

1/4/2010 9:03:53 PM

why didn't you just ask for your money on the plane?

1/4/2010 11:35:45 PM

More words:

Quote :

"small claims court should be pretty easy. Either drop by the Magistrate's Court and pick up a form to fill out and have them served with the complaint. You might even be able to find the papers online. You just have to make sure they get served. It might not be worth hiring a lawyer. You should be able to find North Carolina landlord/tenant law online. Find the statutes that reference unpaid rent and you should be fine."

This is pretty much spot on Duke, and its definitely not worth hiring representation (most retainer fees are higher than what you're seeking to recover). Just fill out the form and pay whatever processing fee they might have, if they do. The Sheriff will serve the summons and you'll both go before the magistrate. You'll want his last known address and work address if you can get it. Time is of course a factor here...if he moves out of state hes much harder to get a hold of.
You'll want to bring any form of documentation you may have to the hearing, including emails, handwritten notes, canceled checks, bank statements, blood oaths...anything that might be associated with your agreement of letting the room in exchange for consideration.

The magistrate may rule right there, but they can elect to take up to 10 days to weigh the case before rendering a written decision that would then be mailed to each of you.

While it probably goes without saying for you, be presentable and prepared for the hearing and be ready for questions from the magistrate (keep your respect for the magistrate and the opposing side in the front of your mind- it does go a long way).

The statutes you're looking for are under Chapter 42:
http://www.ncga.state.nc.us/gascripts/statutes/StatutesTOC.pl?Chapter=0042

Bear in mind you are trying to prove that someone owes you money with out written proof. That is the obvious weakness in your case and you should be prepared to address it...Without a doubt the magistrate will.

1/5/2010 5:11:36 PM

I've got this--the payment schedule he wrote out and proposed to me (and to which I agreed to). I also have the two bad checks. they at least cover 2 months of it ($1200).

1/5/2010 5:49:14 PM

Quote :

"What happens if he leaves?"

You have to go to where he lives.

1/5/2010 6:22:27 PM

^^The problem with that, obviously, is that anyone could have written it. I've been in your situation before and it sucks. I just wrote the person off and wished bad karma upon them. Good luck!! I hope the court gets to him before he moves. At least in your situation you have checks, which as someone said before, count as written agreements.
If the 2 rent checks are for Nov & Dec, then you should be set with the courts. But if they were for earlier months, you'd have to prove he was still living in the house after the months he "paid".

1/5/2010 8:32:06 PM

My neighbor has agreed to testify as to when he moved out.

And yeah, anyone could've written that...but (a) my case doesn't hinge on that picture, and (b) I'll just ask him if he concedes that he wrote it and see if he feels like upping the ante via perjury. I busted my ex lying under oath in family court...it can happen.

1/5/2010 9:10:59 PM

i haven't read the thread

but if after he wrote that, he wrote checks that bounced, and the amounts of the bounced checks are different than what the originals would have been for (and obvious match what's written down there for the "new" payment plan).. it seems that the check amounts/dates + that scribbling together would help prove the legitimacy of everything

but yea, havent read enough to really know

1/5/2010 9:13:37 PM

yes, the amounts of the bounced checks would corroborate the payment plan.

1/5/2010 10:13:11 PM

I once had a similar situation, albeit with a promised payment for car damage as opposed to rent.

I had a statement promising full payment, written on the repair estimate, by the defendant's mother. The ADA didn't want to introduce it in court because he didn't think it would be allowed. He asked the defendant when he was on the stand if he knew that his mother had signed the paper, to which the dumbass responded yes. The judge cited this piece of paper when he ruled in my favor.

This ex-roommate of yours sounds like a similar dumbass. Let the magistrate ask him if that list is what he agreed to. You'll probably get lucky and he'll say yes. That boosts your credibility, and deny any amendment he may attempt to make to it afterwards. With nothing to substantiate his credibility, I see a victory in your future.

1/6/2010 12:52:25 AM

Well, we had small claims court today. I got awarded $1025 ($900 in unpaid rent, $125 out of the $250 that I was asking for in damage to my house requiring the stairwell to be repainted).

I did not get awarded court costs ($75) due to the fact that I didn't really try to work out an agreement with him before suing him. My take was that (A) I don't trust anyone who's written me 2 bad checks, then moved out unannounced without leaving me a note or otherwise contacting me, so even if he agreed to pay, I'd need to get a judgement against him because I have no faith or confidence in him, and (B) he was making noises about moving out of the state, and I didn't want to alert him to my plans so that he might fast-track his skipping town before I could get anything pinned on him legally. Unfortunately, I didn't really have the chance to convey all of this in the hearing, so his whining got him out of that $75.



He then got a pissy attitude with me on the way out, so I went on downstairs and pressed criminal charges for the bad checks (totaling the remaining $1200). I'd already notified him via certified mail that he needed to pay back those 2 checks or face legal action (and then waited the requisite 2 weeks before filing criminal charges), but I was going to give him the heads up just before I filed the charges. Not now, though...if he wants to get a fucking attitude with me, I'll just let it be a surprise.

2/4/2010 10:30:53 PM

He's just pissed he didn't get away with the shit... yet.

2/4/2010 11:04:53 PM

well, it's too late to "get away" with it. he might still manage to not ever pay me, but that will come at a significant cost (in terms of trashing his credit and having criminal charges against him).


but no, he's pissed that I took him to court rather than simply asking him (again) for the money. In my book, it had gotten well past the point at which pursuing legal action was the only reasonable course.

[Edited on February 4, 2010 at 11:18 PM. Reason : ]

2/4/2010 11:16:51 PM

goddamn, i hope you get your money back. Fuck this guy, you should post his info so nobody else gets screwed too.

2/4/2010 11:30:50 PM

I want to sue someone on one of those TV shows.

2/4/2010 11:53:36 PM

some people

2/5/2010 12:56:01 AM

Quote :

"well, it's too late to "get away" with it. he might still manage to not ever pay me, but that will come at a significant cost"

You'd be surprised. My parents brought a contractor to small claims that walked out on the job. The court ruled in my parents' favor and the guy immediately turned around and filed for bankruptcy. If this guy is sleezy enough, and it sounds like he is, I doubt he'll care about having a bankruptcy on his record.

2/5/2010 1:13:06 AM

^ I doubt some ass like this guy is smart enough to know to file for bankruptcy.

Duke, GL with the rest. At least you got some back. Nail his ass to the wall

[Edited on February 5, 2010 at 8:00 PM. Reason : .]

2/5/2010 8:00:03 PM

I didn't feel like reading this thread after i saw loads of false shit in the first few posts...

Basically anytime theres no lease theres an automatic "oral lease". This only puts the tennant at risk of being screwed, not the landlord. You file it downtown and it gives him 10 days to pay. Afterwards there is a hearing at which the judge determines if lease was breached or not (oral leases always go in favor of landlord). If the lease was breached, they have 10 days to meet landlord demands or then the landlord can have the sherrif department evict them.

"throwing someone out" is always illegal.

2/5/2010 8:44:23 PM

Can someone file bankruptcy over $1200? I mean how exactly is "bad credit" a deterrent for somebody who doesn't have access to $1200 in an emergency? I suppose those thoughts are not at conflict, I'm just a bit baffled.

2/8/2010 12:07:10 AM

Speaking of worthless roommate I came home today to find my other roommate sitting in the dark, realizing that our power has been disconnected. My roommate had cashed the $105 check i gave him for electricity (i owed him for last month too) and according to the bill we only had to pay $140 to avoid disconnection....

My other roommate said at 4pm he called to let the guy know that the power had been disconnected. My roommate, lets call him Lyle, claimed that he "paid" the bill in full and that it should not have been disconnected. Since then neither, lets call the other roommate Mike, Mike and I have not heard from Lyle. The thing is if the jackass had told us the power was going out, both of us have the money and would have paid to keep the power on. Instead he is ignoring us and now that it is after 5pm it is going to cost an extra $50 to reconnect.

Unfucking believable....

This is not even the first time this has happened. We have had electric disconnected once (maybe twice) and water disconnected. Eitherway he ends up paying $50 in reconnection fines. What is the damned malfunction. You are 25 not 18; bills are due your roommates pay you, pay the fucking bill. If you really can't pay it, the bill is not going to magically disappear so at least fucking tell us and Mike and I will pay it.

[Edited on February 24, 2010 at 8:05 PM. Reason : a]

2/24/2010 7:52:14 PM

Update: won in small claims for 1.5 months rent + $125 to repaint my stairwell. Sitting in district criminal court now for the $1200 of bad checks.

The crazy thing is that douche somehow thinks that he's the victim here, and I'm being an asshole.

2/26/2010 9:06:58 AM

Congrats on the first stage. Good luck collecting.

2/26/2010 9:15:16 AM

Glad to see the effort was successful. Many people would have let this asshole get away with it simply because they would be to intimidated by goingthrough the court procedures. Hopefully he will learn his lesson (and it sounds like you already learned yours ) I, for one, learned something new as well. Maybe I can establish such free residency on one of my buddies's couches upon my return to the US

2/26/2010 9:44:47 AM

He pleaded guilty. Judge gave him until a few weeks into april to ante up, or go to jail (60 days max sentence). He asked if he could just pay up early and forego the next court date...so it sounds like I'll at least get the half of the money he actually wrote checks for. I'm hoping I'll get the $$$ awarded in small claims, too, but that he's just putting that on the back burner until he pays off the portion that could send him to the butt-hut vice simply trashing his credit.

2/26/2010 8:35:53 PM

Duke is this guy one of your marine buddies or just some random douche?

Speaking of marines Duke, some of your junior enlisted men were drunk causing trouble at level 5 in Wilmington last night. Apparently one tool was harassing my buddies girlfriend (while he was taking a leak) and his brother civilly informed the dude that the girl was not interested and has a boyfriend. One of the marines got pissed off and called him a cock block and the next thing i know an all out brawl is going on.... LOL!!

[Edited on February 28, 2010 at 9:22 PM. Reason : l]

2/28/2010 9:15:40 PM

just some random douche

2/28/2010 9:19:19 PM

^^welcome to every weekend at level5

2/28/2010 9:35:30 PM

I have not been there in probably about two years, did not remember it being that bad. Hell as i was leaving (since my buddy got kicked out for brawling) some gangster looking dude randomly cuts me off and starts talking shit for no reason. Must have been mad b.c they did not have any more packs of newports at the bar.

2/28/2010 9:42:53 PM

bttt

10/1/2010 10:34:21 AM

^ thanks

Well, I got a check today from the Clerk of Superior Court for $1210 to cover the 2 months of rent he wrote bad checks for. He still owes me the $1025 awarded in small claims court. I don't know if I'll ever see that, as they can't throw him in jail over that one, and I don't know that trashing his credit score and having a judgement against him on record will really make anything much worse for him. We'll see. If it was a matter of taking that long to scrape the money together (not a matter of dodging the system for as long as possible in an effort to avoid paying), he would have obviously made the amount with misdemeanor charges attached to it a greater priority.

10/1/2010 10:41:56 AM

I'm in this situation now. Gave a friend a verbal agreement to move in my home. He paid me monthly for a few months, stopped paying rent for a few months, and then began paying again. I have a spreadsheet file detailing what he owes me in rent and utilities.
I'm ready to get him out.
What constitutes a formal 10 day notice to vacate? Do I write up a letter and get it notarized? How does that hold up in court? Can't he just tear it up or burn it? I gave him a memo saying I would evict him in six weeks and signed and dated it. That was on Nov. 22. He doesn't seem motivated to find another place.

12/12/2013 7:02:42 PM

Sounds like a great "friend"
I think if you send him a letter certified mail then you'll have proof

12/13/2013 1:52:40 PM

Check your local laws, and read all of this thread.

It is likely that you'll need to file paperwork with local authorities to start the eviction process. You, personally, cannot evict him on your own. You can be mean, and say you want him gone, and say plenty of other things, but if you touch his stuff, or touch him, or change the locks, you can be liable under the law.

If you start the eviction process, and he doesn't move out, and the time comes to evict him, you still can't do it. You'll probably need a sheriff to show up and execute it for you.

But I don't know where you live and what your laws are.

12/13/2013 9:25:03 PM

[QUOTE]Sounds like a great "friend"
I think if you send him a letter certified mail then you'll have proof[/QUOTE]

This.

12/13/2013 10:05:27 PM

Notice to vacate, or you telling him to get out, doesn't need to be in writing according to NC, though writing might make it easier to prove you did it. Personally, I like e-mail, it gets saved at several levels (including by the NSA), and a chain of e-mails about the subject makes it hard to say you didn't know.

Going beyond Notice to Vacate will require court action in NC.

12/14/2013 12:35:29 PM

The correct thing to do is go to the clerk of court where you live and explain it to the clerk. They'll explain the process to you.

12/15/2013 4:02:34 AM