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  #11  
Old 01-25-2007, 02:25 PM
firstyearclay firstyearclay is offline
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Default Re: best course of legal action

[ QUOTE ]
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.

[/ QUOTE ]

Unfortunately, OnTheButton is 100% correct. I would definitely get more information about his family and plan by your self (attention to this point here) a plan to kidnap and hold hostage one of his family members. The important step here to realize is that with proper planning, you will get your money.
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  #12  
Old 01-25-2007, 02:29 PM
ElliotR ElliotR is offline
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Default Re: best course of legal action

For goodness sakes, will people please stop suggesting that unless it's in writing, there's no enforceable agreement?

Oral agreements are, in many, many cases, enforceable. The real issue is whether you can collect if you get a judgment against him. IOW, is he really broke or just a deadbeat?
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  #13  
Old 01-25-2007, 02:32 PM
KilgoreTrout KilgoreTrout is offline
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Default Re: best course of legal action

Throw him a party. wait for him to pass out, then off with his balls.
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  #14  
Old 01-25-2007, 02:32 PM
colonel81 colonel81 is offline
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Default Re: best course of legal action

i believe both broke and deadbeat. or broke enough he cant afford how much he owes. also his laptop is coming back from getting fixed we could hold that. i believe he has a younger sister too.
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  #15  
Old 01-25-2007, 02:36 PM
blackize blackize is offline
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Default Re: best course of legal action

[ QUOTE ]
For goodness sakes, will people please stop suggesting that unless it's in writing, there's no enforceable agreement?

Oral agreements are, in many, many cases, enforceable.

[/ QUOTE ]

You absolutely must get a renter's/lease agreement in writing. An oral agreement is worthless in these matters.
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  #16  
Old 01-25-2007, 02:36 PM
nyc999 nyc999 is offline
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Default Re: best course of legal action

[ QUOTE ]
i believe both broke and deadbeat.

[/ QUOTE ]

Is this your roommate?

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  #17  
Old 01-25-2007, 02:37 PM
bobman0330 bobman0330 is offline
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Default Re: best course of legal action

Even if there's no enforceable contract, that doesn't necessarily mean he can skate on the back rent...
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  #18  
Old 01-25-2007, 02:38 PM
blackize blackize is offline
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Default Re: best course of legal action

Why not just him a week to pay up? If he goes late you kick him out. If he does pay you get him to sign an agreement which includes a clause about being booted if he is more than 7 days late in payment in the future.
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  #19  
Old 01-25-2007, 02:40 PM
colonel81 colonel81 is offline
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Default Re: best course of legal action

[ QUOTE ]
Why not just him a week to pay up? If he goes late you kick him out. If he does pay you get him to sign an agreement which includes a clause about being booted if he is more than 7 days late in payment in the future.

[/ QUOTE ] this has been done im just curious on the best way to get the back rent. also we are pretty sure the rest of us dont want him so the contract we devised wont matter. there is a lot more other than rent but im not worried about that now.
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  #20  
Old 01-25-2007, 02:41 PM
blackize blackize is offline
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Default Re: best course of legal action

[ QUOTE ]

Even if there's no enforceable contract, that doesn't necessarily mean he can skate on the back rent...

[/ QUOTE ]

Actually it does. The only ways to get something out of him are to
A) have him sign an agreement that he owes x and then have him sign another agreement to determine that he has a recurring obligation to pay you xx as rent
B) kidnapping
C) take his stuff hostage
D) pawn his stuff

Options B, C, and D are illegal and will likely lead to you being sued or getting a severe beating.
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