Legal advice needed

[petespang]

The document you had the squatter sign probably isn't a valid contract. It fails for lack of consideration--unless the squatter continued to reside in your room after he signed the document.

Even if he did not, the document is not without value. Sue the squatter in small claims court. Carefully document all damages you claim. Claim the value of all rent you paid while he was living in your room.

If the squatter paid your other roomate(s) any money, sue them too.

[IndyGuy]

The problem isn't getting a judgement against him in small claims court (which probably wouldn't be that hard - especially if he didn't show up to it... likely if he's got no intention of paying you).

The problem is that even with a judgement in hand, it's your burden to collect the funds from him. So then you need to find where he works and/or where he banks, and get the court to garnish wages or freeze accounts. But IIRC, you can only do this after he's had proper time to pay whatever the judgement was for.

So you'll be going to the small claims court 2-3 times, spending $50 in fees or so, plus all your time to track down a way to get him to pay. All for $300. If you can get him to pay. If not, you're back where you started. Plus out of the $50. Plus having wasted your time.

Good luck.

[petespang]

You're right, if all he's going to get is $300. It probably just isn't worth the time.

But, my impression was that potential damages exceed $300. OP said the guy lived in his room for an entire summer, and I doubt he's paying only $100/month in rent. Add the cologne and the chair to that.

No matter what, going to small claims court might be more trouble than it is worth. There is the insolvency problem, as mentioned. There is the time/hassle problem, too.

OP: if you want a valid contract, you can always agree with him not to sue in exchange for $X. In writing, of course.

[IndyGuy]

[ QUOTE ]
You're right, if all he's going to get is $300. It probably just isn't worth the time.

But, my impression was that potential damages exceed $300. OP said the guy lived in his room for an entire summer, and I doubt he's paying only $100/month in rent. Add the cologne and the chair to that.

[/ QUOTE ]

True, the OP should definitely total up all the costs incurred and use that total. Even potential costs. The fact that he chose not to rent his room to some third party did not mean it was fair game for anyone to live in. A judge would likely concede that the third party owed exactly what was contractually owed by the OP to the landlord over the time in which the third party resided there. That would include utilities, potentially. I'm not sure how the roommate's "permission" or lack of would affect this.

[ QUOTE ]
OP: if you want a valid contract, you can always agree with him not to sue in exchange for $X. In writing, of course.

[/ QUOTE ]

This sounds like extortion. Best advice, if you'd like to collect: file in small claims court for as much as you can justify reasonably. Then go to the guy and show him that you've filed. Offer to settle for $X where X is less than you filed for. Explain to him that it's much easier to just pay up, and that a court judgement (which you'll get, most likely, but don't allow him to think it's in doubt) would kill his credit score and cost him more than it's worth the next time he goes to get a credit card or a car loan.

[kujo]

[ QUOTE ]
Sew his [censored] shut and keep feeding him and feeding him.

[/ QUOTE ]

I'd [censored] pull his [censored] tongue out his [censored] mouth
and stab the [censored] with a rusty screwdriver, BLOWW!!

[Jdanz]

if the contract ostensibly protects him from further legal obligations than it'd be valid, and the fact that there was more stuff and he didn't pay would nullify?

therefore making small claims court reasonable?

[adanthar]

[ QUOTE ]
[ QUOTE ]
OP: if you want a valid contract, you can always agree with him not to sue in exchange for $X. In writing, of course.

[/ QUOTE ]

This sounds like extortion.

[/ QUOTE ]It isn't. See RIAA.

[neuroman]

[ QUOTE ]
i'm not sure why the lawyer told him the contract wasn't valid

[/ QUOTE ]
The bum was probably lying about talking to the lawyer.

[ghgrand]

Thanks for all the responses,

I didnt mention earlier but this kid is a [censored] hippie, i barely got him to sign the contract about the 300 bucks, ( his reason that he doesnt make enough to pay that), something I also forgot to mention, he recently got kicked out of his living arrangements, hence the reason he was living at my apartment. Also im not sure how long he was living there. My speculation is from late may to mid july. My rent was 300/month. HTH

Edit:

He was in no way subleasing my apartment and our contract mentions nothing of subleasing. It merely states that he owes me $300. Like stated above, that was just a arbitrary number that i could get him to agree on. If i take this to court, can i tack on the total for damages to my property as well?

Thanks!

Andrew

[tagtastic]

Stab him. Forget about the money.