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Thread started 09/21/02 7:56am

AaronForever

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WHAT THE FUCK???????

I've just been served a summons naming me as a defendant because one of my college roommates didn't pay $500 in rent before we moved out in May.


GRRR!
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Reply #1 posted 09/21/02 8:00am

AaronForever

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I AM SO FUCKING PISSED RIGHT NOW I CAN'T BELIEVE IT
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Reply #2 posted 09/21/02 8:04am

IceNine

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I would suggest that you give the ex-roommate two kicks to the ballsack for each dollar owed.

That would make you feel better.
SUPERJOINT RITUAL - http://www.superjointritual.com
A Lethal Dose of American Hatred
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Reply #3 posted 09/21/02 8:07am

00769BAD

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AaronForever said:

I AM SO FUCKING PISSED RIGHT NOW I CAN'T BELIEVE IT

wait until you get a bill from the goverment saying you owe
$4,978.00 for a loan that you took out in 1975.
sure, it wasn't you, but try proving it to them without
puting someone you know very well in prison.
I AM King BAD a.k.a. BAD,
YOU EITHER WANNA BE ME, OR BE JUST LIKE ME

evilking
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Reply #4 posted 09/21/02 7:27pm

TRON

I know how you feel Aaron. I'm sorry this came at the worst possible time. You'll come out on top. I know it.

Hell of a way to wake up though. Sorry man.
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Reply #5 posted 09/21/02 7:29pm

SkletonKee

TRON said:

I know how you feel Aaron. I'm sorry this came at the worst possible time. You'll come out on top. I know it.

Hell of a way to wake up though. Sorry man.




u appear overtly sympathetic...


were u the exroomie? razz
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Reply #6 posted 09/21/02 7:54pm

matt

Sr. Moderator

moderator

AaronForever said:

I've just been served a summons naming me as a defendant because one of my college roommates didn't pay $500 in rent before we moved out in May.


It sounds as if your lease had a "joint and several liability" clause, which allows the landlord to collect unpaid rent from any of the tenants. If you do wind up having to pay, you'll be able to pursue reimbursement from your deadbeat roommmate.

Disclaimer: This post is for discussion purposes only, and it should not be taken as legal advice.
Please note: effective March 21, 2010, I've stepped down from my prince.org Moderator position.
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Reply #7 posted 09/21/02 8:22pm

AaronForever

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matt said:

AaronForever said:

I've just been served a summons naming me as a defendant because one of my college roommates didn't pay $500 in rent before we moved out in May.


It sounds as if your lease had a "joint and several liability" clause, which allows the landlord to collect unpaid rent from any of the tenants. If you do wind up having to pay, you'll be able to pursue reimbursement from your deadbeat roommmate.

Disclaimer: This post is for discussion purposes only, and it should not be taken as legal advice.



Yeah, that's exactly what it was. Question, though. In cases like this, what chance do I have that the judge or jury (which would it be?) would make it so only the deadbeat had to pay?
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Reply #8 posted 09/21/02 9:18pm

matt

Sr. Moderator

moderator

AaronForever said:


Question, though. In cases like this, what chance do I have that the judge or jury (which would it be?)


Whether you get a jury or not depends upon the laws of your state. Here in Indiana--or at least in the City of Indianapolis--landlord/tenant cases usually get filed first in Small Claims Court, where there is no jury. There is a right to an appeal to the "regular" trial court, though, and there should be a right to a jury on appeal if the complaint is for money damages. But again, that's Indiana law.

would make it so only the deadbeat had to pay?


Probably none. sad Landlords put joint-and-several-liability clauses in leases for the very purpose of doing what your landlord is now doing to you.

Let's say that I'm a landlord, and I rent an apartment for $500 per month to Mr. Alpha and Ms. Beta. With one month left on the lease, Alpha leaves the state without paying his $250 share of the rent. As a landlord, I'd much rather go after Beta, who hasn't left the state, because it'll be easier to collect the $250 from her. The problem of collecting $250 from Alpha becomes Beta's problem and not my problem. As a heartless landlord, I don't care who pays the money; I just want my money. So that's why I'd put a joint-and-several-liability clause in my leases.

Yes, it does suck if you're the unlucky tenant with a deadbeat roommate. sad

Disclaimer: This post is for discussion purposes only, and it should not be taken as legal advice.
Please note: effective March 21, 2010, I've stepped down from my prince.org Moderator position.
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Reply #9 posted 09/21/02 9:46pm

AaronForever

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matt said:

AaronForever said:


Question, though. In cases like this, what chance do I have that the judge or jury (which would it be?)


Whether you get a jury or not depends upon the laws of your state. Here in Indiana--or at least in the City of Indianapolis--landlord/tenant cases usually get filed first in Small Claims Court, where there is no jury. There is a right to an appeal to the "regular" trial court, though, and there should be a right to a jury on appeal if the complaint is for money damages. But again, that's Indiana law.

would make it so only the deadbeat had to pay?


Probably none. sad Landlords put joint-and-several-liability clauses in leases for the very purpose of doing what your landlord is now doing to you.

Let's say that I'm a landlord, and I rent an apartment for $500 per month to Mr. Alpha and Ms. Beta. With one month left on the lease, Alpha leaves the state without paying his $250 share of the rent. As a landlord, I'd much rather go after Beta, who hasn't left the state, because it'll be easier to collect the $250 from her. The problem of collecting $250 from Alpha becomes Beta's problem and not my problem. As a heartless landlord, I don't care who pays the money; I just want my money. So that's why I'd put a joint-and-several-liability clause in my leases.

Yes, it does suck if you're the unlucky tenant with a deadbeat roommate. sad

Disclaimer: This post is for discussion purposes only, and it should not be taken as legal advice.



Thanks for the info. It's greatly appreciated. My mom is a parallegal, but you know, I'm not really keen on asking her too much about it. Parents are being great about it, but I don't want to start getting that shameful head shake disbelief from them.

I do have another question though. It says I can protest the debt within 30 days. And they don't even have the right current address for the deadbeat. And he hasn't been served. Should I give them his current address and phone number in this letter that I'm going to have to write? Or should I call someone to make it more expedient? Or what? Because I'm sure as hell not going to be the only one going to court for this.
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Reply #10 posted 09/21/02 10:01pm

2the9s

Would you two idiots knock it...Oh. Wait. confused

Never mind.
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Reply #11 posted 09/21/02 11:08pm

divo02

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aaawww, how nice to see Matt and Aaron getting along!!!
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Reply #12 posted 09/21/02 11:18pm

luv4u

Moderator

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moderator

eye suggest u get a lawyer, which u will need anyways. Good luck!!
canada

Ohh purple joy oh purple bliss oh purple rapture!
REAL MUSIC by REAL MUSICIANS - Prince
"I kind of wish there was a reason for Prince to make the site crash more" ~~ Ben
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Reply #13 posted 09/22/02 1:29am

matt

Sr. Moderator

moderator

AaronForever said:

I do have another question though. It says I can protest the debt within 30 days. And they don't even have the right current address for the deadbeat. And he hasn't been served. Should I give them his current address and phone number in this letter that I'm going to have to write? Or should I call someone to make it more expedient? Or what? Because I'm sure as hell not going to be the only one going to court for this.


It seems to me that it's in your interest for the landlord to get service on the deadbeat ASAP. Thus, if I were in your shoes, I'd call the landlord's attorney and give him or her the deadbeat's current address.

I don't know how service is handled in your state, but the landlord's attorney also has an interest in serving the deadbeat, and he or she should know what to do the information you provide.

I'm just curious... how did they serve you? Did they send out a sheriff's deputy to tag you personally?

Disclaimer: This post is for discussion purposes only, and it should not be taken as legal advice.
Please note: effective March 21, 2010, I've stepped down from my prince.org Moderator position.
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Reply #14 posted 09/22/02 11:24am

AaronForever

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matt said:

AaronForever said:

I do have another question though. It says I can protest the debt within 30 days. And they don't even have the right current address for the deadbeat. And he hasn't been served. Should I give them his current address and phone number in this letter that I'm going to have to write? Or should I call someone to make it more expedient? Or what? Because I'm sure as hell not going to be the only one going to court for this.


It seems to me that it's in your interest for the landlord to get service on the deadbeat ASAP. Thus, if I were in your shoes, I'd call the landlord's attorney and give him or her the deadbeat's current address.

I don't know how service is handled in your state, but the landlord's attorney also has an interest in serving the deadbeat, and he or she should know what to do the information you provide.

I'm just curious... how did they serve you? Did they send out a sheriff's deputy to tag you personally?

Disclaimer: This post is for discussion purposes only, and it should not be taken as legal advice.



yeah, sheriff's deputy
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Reply #15 posted 09/22/02 6:27pm

Nep2nes

matt said:

AaronForever said:

I've just been served a summons naming me as a defendant because one of my college roommates didn't pay $500 in rent before we moved out in May.


It sounds as if your lease had a "joint and several liability" clause, which allows the landlord to collect unpaid rent from any of the tenants. If you do wind up having to pay, you'll be able to pursue reimbursement from your deadbeat roommmate.

Disclaimer: This post is for discussion purposes only, and it should not be taken as legal advice.


In other words, "ur screwed"?


woot!
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Reply #16 posted 09/22/02 6:28pm

Nep2nes

2the9s said:

Would you two idiots knock it...Oh. Wait. confused

Never mind.



Nevermind is one word, smarty.
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Reply #17 posted 09/22/02 6:32pm

AaronForever

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Nep2nes said:

2the9s said:

Would you two idiots knock it...Oh. Wait. confused

Never mind.



Nevermind is one word, smarty.


___
The org ruined my marriage...pimping days r here again!



there are 3 letters in the word are, smarty.
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Reply #18 posted 09/23/02 7:03am

applekisses

AaronForever said:

matt said:

AaronForever said:


Question, though. In cases like this, what chance do I have that the judge or jury (which would it be?)


Whether you get a jury or not depends upon the laws of your state. Here in Indiana--or at least in the City of Indianapolis--landlord/tenant cases usually get filed first in Small Claims Court, where there is no jury. There is a right to an appeal to the "regular" trial court, though, and there should be a right to a jury on appeal if the complaint is for money damages. But again, that's Indiana law.

would make it so only the deadbeat had to pay?


Probably none. sad Landlords put joint-and-several-liability clauses in leases for the very purpose of doing what your landlord is now doing to you.

Let's say that I'm a landlord, and I rent an apartment for $500 per month to Mr. Alpha and Ms. Beta. With one month left on the lease, Alpha leaves the state without paying his $250 share of the rent. As a landlord, I'd much rather go after Beta, who hasn't left the state, because it'll be easier to collect the $250 from her. The problem of collecting $250 from Alpha becomes Beta's problem and not my problem. As a heartless landlord, I don't care who pays the money; I just want my money. So that's why I'd put a joint-and-several-liability clause in my leases.

Yes, it does suck if you're the unlucky tenant with a deadbeat roommate. sad

Disclaimer: This post is for discussion purposes only, and it should not be taken as legal advice.



Thanks for the info. It's greatly appreciated. My mom is a parallegal, but you know, I'm not really keen on asking her too much about it. Parents are being great about it, but I don't want to start getting that shameful head shake disbelief from them.

I do have another question though. It says I can protest the debt within 30 days. And they don't even have the right current address for the deadbeat. And he hasn't been served. Should I give them his current address and phone number in this letter that I'm going to have to write? Or should I call someone to make it more expedient? Or what? Because I'm sure as hell not going to be the only one going to court for this.


Poor Aaron, it seems that you're always getting stuck with these deadbeats...and HELL yes, I would give them his current addy (call them) this is his responsibility...get hardcore on his ass...
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Reply #19 posted 09/23/02 7:09am

purplechild25

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00769BAD said:

AaronForever said:

I AM SO FUCKING PISSED RIGHT NOW I CAN'T BELIEVE IT

wait until you get a bill from the goverment saying you owe
$4,978.00 for a loan that you took out in 1975.
sure, it wasn't you, but try proving it to them without
puting someone you know very well in prison.



Ain't that the truth nod
See your ex-roommate should have told you that you were goin to have to go to court because of his over due rent. Why can't he just pay it and clear your name of all charges?
I would KICK HIS ASS FOR THE cow THAT HE"S PUTTIN YOU THROUGH
I'm BAD's FIRST BORN Baby Girl
The BITCH of the NORTH
the innocent angel
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Reply #20 posted 09/23/02 9:31am

ScarLett

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the IRS sent me some papers today and i wish it only said 500.00 bones... try 11tymes that...

so yeah WTF?
~Live Free ... Be Wyld~AlwaysOnlyMakeBelieve - LiveUrLyfe... laissez le bon temps rouler...vivre sans être sauvage...हमेशा ही बना विश्वास ~Change and do so CONSTANTLY...
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Reply #21 posted 09/23/02 9:56am

AaronForever

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ScarLett said:

the IRS sent me some papers today and i wish it only said 500.00 bones... try 11tymes that...

so yeah WTF?



oh no sad
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Reply #22 posted 09/23/02 9:58am

AaronForever

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purplechild25 said:

00769BAD said:

AaronForever said:

I AM SO FUCKING PISSED RIGHT NOW I CAN'T BELIEVE IT

wait until you get a bill from the goverment saying you owe
$4,978.00 for a loan that you took out in 1975.
sure, it wasn't you, but try proving it to them without
puting someone you know very well in prison.



Ain't that the truth nod
See your ex-roommate should have told you that you were goin to have to go to court because of his over due rent. Why can't he just pay it and clear your name of all charges?
I would KICK HIS ASS FOR THE cow THAT HE"S PUTTIN YOU THROUGH



he didn't tell me because he didn't know. i actually called the realtor today. they're being helpful. even sending me a copy of some letter they sent back in june/july (it wasn't an attempt on collection, mind you). the roommate has just been ducking them, i guess. he told me he went in and it was all taken care of. silly me, i believed my friend. but anyway, the realtor's lawyer has his current address now wink so i won't be the only dumbass standing in court Oct 8 for rent he owes.


HOW DO I CONTINUE TO SURROUND MYSELF WITH THESE FUCKING DEADBEATS???
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Reply #23 posted 09/23/02 10:19am

ScarLett

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oh yeah...

sad

but thats the story thats the glory...welcome to my life...

may u be blessed in ur escapade for the prosecution/defense...
~Live Free ... Be Wyld~AlwaysOnlyMakeBelieve - LiveUrLyfe... laissez le bon temps rouler...vivre sans être sauvage...हमेशा ही बना विश्वास ~Change and do so CONSTANTLY...
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Reply #24 posted 09/23/02 10:25am

sag10

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ScarLett said:

oh yeah...

sad

but thats the story thats the glory...welcome to my life...

may u be blessed in ur escapade for the prosecution/defense...



wtf?
^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^*^
Being happy doesn't mean that everything is perfect, it means you've decided to look beyond the imperfections... unknown
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Reply #25 posted 09/23/02 10:30am

ScarLett

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u know how it goes... this is hell welcome to my world..

child please, its just another screw loose in my already fucked up day... and its still early..i have an Exam at 5pm, and another one at 7:45pm and well i have no more tears to cry today...
~Live Free ... Be Wyld~AlwaysOnlyMakeBelieve - LiveUrLyfe... laissez le bon temps rouler...vivre sans être sauvage...हमेशा ही बना विश्वास ~Change and do so CONSTANTLY...
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Reply #26 posted 09/29/02 6:43pm

violett

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AaronForever said:

I've just been served a summons naming me as a defendant because one of my college roommates didn't pay $500 in rent before we moved out in May.


GRRR!


Oh fer fucks sake. rolleyes And yyour the one who gets the hammer...
Dont you love America? sigh.
hug
heart
vi star
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Reply #27 posted 09/29/02 7:04pm

CarrieMpls

Ex-Moderator

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AaronForever said:


HOW DO I CONTINUE TO SURROUND MYSELF WITH THESE FUCKING DEADBEATS???


You don't have to. I happen to know several non-deadbeats in the Minneapolis area who would love to surround you. (Did I say that right? wink )

Apparently you just live in the wrong part of the country.
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Reply #28 posted 09/29/02 7:24pm

violett

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CarrieMpls said:

AaronForever said:


HOW DO I CONTINUE TO SURROUND MYSELF WITH THESE FUCKING DEADBEATS???


You don't have to. I happen to know several non-deadbeats in the Minneapolis area who would love to surround you. (Did I say that right? wink )

Apparently you just live in the wrong part of the country.


Co-sign. party
heart
vi star
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Reply #29 posted 09/29/02 7:42pm

AaronForever

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come smuggle me out of the state before Oct. 8 and i'm yours! lol
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