Legal advice needed

ghgrand · #1 08-28-2006, 05:36 PM

Long story short

A roomates friend lived in my vacant room in the apartment during the summer without my approval. In doing so he made it a mess, leaving his weed spread out all over my desk, damaging my office chair, stealing an expensive bottle of cologne, and ruining everything in general. WHen i came to move out ( my lease was about to run out) I found him sleeping in my bed and all.

I got him to agree to give me 300 bucks ( for subleasing payments?) by signing a "contract" ( basically ____ owes ____ $300 by _____) but found out about the broken chair and cologne after i moved back home.

Upon asking him for the money around the time that we agreed on, he has said that his lawyer said that wasn't a valid contract.

Whats my move? can i get the money by going to civil court, is it a lost cause? If im leaving anything out just ask.

Thanks very much!

Andrew

pkr2k5 · #2 08-28-2006, 05:43 PM

lol

sleight · #3 08-28-2006, 05:45 PM

Wait, the vagrant squatter has a lawyer? I'd let it go, you're dealing with a professional.

beenben · #4 08-28-2006, 05:45 PM

You can take him to small claims court for damage to your property and trespassing. However, he sounds like the sort of guy about which they made up the saying "you can't get blood out of a turnip" - that is that the judgment you would get against him would be worth about the same as a toy plastic poker chip.

juris · #5 08-28-2006, 05:55 PM

Beenben's advice is spot-on. Go after the roommate.

ghgrand · #6 08-28-2006, 05:57 PM

Does it matter that I got him to sign a contract that says that he owes me $300. Is that worthless or can i atleast get that money from him?

JasonK · #7 08-28-2006, 06:06 PM

Kick his ass and take his weed.

siccjay · #8 08-28-2006, 06:12 PM

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

beenben · #9 08-28-2006, 06:24 PM

[ QUOTE ]
Does it matter that I got him to sign a contract that says that he owes me $300. Is that worthless or can i atleast get that money from him?

[/ QUOTE ]

as a practical matter it doesn't matter b/c he's still judgment proof. i'm not sure why the lawyer told him the contract wasn't valid, but there are better legal bases for the claim you have against him than a post-fact contract that might have lacked important elements of a contract such as consideration (both sides getting something from the bargain), an offer and an acceptance. For example, you have a claim for unjust enrichment, trespassing (bur arguably not really since your roommate consented), damage to property.

euphuistical · #10 08-28-2006, 06:24 PM

I have been to 4 classes on Contracts, want my advice?

Anyway, small claims court would be the way to go. You most likely do have a binding contract (I think, I in no way shape or form take responsiblity for what I say, or fail to say concerning advice). There was an offer (you letting him stay) and consideration (him paying you) and acceptance (filling out the piece of paper, and him actually living there).