best course of legal action

colonel81 · #1 01-25-2007, 02:07 PM

we have a roommate who owes us just over four figures in back rent and as soon as we get it he is out. he has said many times yeah ill have it for you, but so far nothing. there are many other things we are going to accuse him of but dont want to until we get the money. what is my best course of action legally. how binding is a verbal contract, as he is not on the initial lease. is the best option getting a signature then sueing him when he doesnt pay this month. this is the last time im so trusting

onthebutton · #2 01-25-2007, 02:11 PM

I'd hold one of his family members hostage, but that's just me.

If you don't have anything written, I don't know what legal recourse you have. There are lawyers here who probably know more. But, he's got to have some stuff around there that you could "hold" for him until he gets around to paying you. Or that could be pawned if he never did.

BWebb · #3 01-25-2007, 02:11 PM

You are screwed.

blackize · #4 01-25-2007, 02:13 PM

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how binding is a verbal contract, as he is not on the initial lease.

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You have no legal recourse.

blackize · #5 01-25-2007, 02:14 PM

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But, he's got to have some stuff around there that you could "hold" for him until he gets around to paying you. Or that could be pawned if he never did.

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This is highly illegal.

onthebutton · #6 01-25-2007, 02:16 PM

[ QUOTE ]
[ QUOTE ]
But, he's got to have some stuff around there that you could "hold" for him until he gets around to paying you. Or that could be pawned if he never did.

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This is highly illegal.

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NO WAI!

Of course it's illegal.

colonel81 · #7 01-25-2007, 02:18 PM

if we get him to sign saying he owes us (he is dumb) is that binding

onthebutton · #8 01-25-2007, 02:20 PM

[ QUOTE ]
if we get him to sign saying he owes us (he is dumb) is that binding

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He's not the one who let someone move in without a written agreement, is he? Is he really the dumb one here?

DrewDevil · #9 01-25-2007, 02:21 PM

If you get him to sign something saying he does owe you, you could present it in small claims court.

If he doesn't intend to pay, he'd have to be brain dead to sign something like that, though.

If he's not on the lease you can't go after him that way. Real estate interests have to be in writing.

colonel81 · #10 01-25-2007, 02:22 PM

i agree it is stupid however he was a friend of a friend and i have a flaw of being too trustworthy. also by him not getting on the lease we were saving 500 a month. dumb in hindsight. but back to the signature thing