small claims court question

[SVT95]

Hey everyone. Sorry if this is posted in the wrong section. If it is, mods feel free to move it.

I have a couple questions about small claims court. Back in August I had a new room mate move in. His third day living with me, his dog knocked over my 42" flat screen. It wasn't a big deal at the time because he immediately offered to buy me a new one the next day. Sure enough, the next day we went to best buy and he bought me another TV. The one I picked out was a little more than the broken one so I pitched in $100 cash(he put the rest on a best buy credit card). Everything was fine and dandy until I kicked him out at the end of September. Thats a long story in itself but the kid is worthless(and there was no lease agreement).

Well he was mad because I kicked him out. He gave me a $200 deposit in which I told him I would get him the next morning. He moved out the last day of September. He moved everything while I was in class (7:15-10:15pm). I came home to my replacement TV missing. I called him to try and talk some sense into him about taking it. Didn't work so I called the police. Made a police report but they said they couldn't do anything because there is no proof that the TV was mine, especially because he put it on his card. Later he sent me a text saying we are squared away, I could keep his deposit, he keeps the TV, and he doesn't have to pay any utilities(about $140) for the month he was here. In all, with him moving in, I was out about $900. So I'm on to the next step to small claims court. I know I've postponed this for so long, these last 6 months have been absolute chaos for me. My questions, how long after an incident happening can you file small claims? What are the costs that I'm looking at for filing? And how strong of a case does it sound like I have? I've kept the broken TV for evidence. My main concern is not even getting that TV back, but financial compensation for it. And I don't care about any of the utilities he walked out on as we didn't have any agreement on paper. Any help with this would be great as I've never had to deal with anything in court or small claims. And if it makes a difference, it happened in Kansas. Thanks again for any help.

 

[TBCobra]

Sucks to hear man, some people can be assholes. Wish i could help, good luck with it all.

 

[DHGTerminator]

I'm no lawyer but it sounds like you have a pretty solid case. He broke something of yours and was forced to replace it. He bought it to give to you, that should have been considered a transfer of ownership, and then he stole your property. The only thing the credit card should have to do with it is the fact that that is the method he chose to pay for the TV he owed you. I can't imagine he'll lie about his dog breaking your old one, when you've got the evidence on hand, but it wouldn't hurt to have a witness or someone that knew you both and that this happened. Best of luck to you man.

 

[01cobravortech]

Good luck with that one chief. Not sure how you are going to be able to prove that its your tv. I'm sure he'll be using that cc statement to argue its his. What a clown.

 

[SVT95]

I do have 2 witnesses that were there when he bought it for me. They heard him clearly state he's buying it for me because his dog broke mine and I plan on getting written statements from them.

As far as not being able to prove its mine, I have two routes I can go. Sue for the tv he took or sue for the money to replace the broken one, which is my plan. I don't really want the tv back that he took. Who knows what kind of condition its in.

Sent from my nonsensikal froyo using Tapatalk

 

[oldmodman]

Make sure that your two witnesses are willing to appear in court. Their written statements are worthless unless they are made to an attorney, written out, and then notarized. And even that may not be accepted by some judges.

 

[Planter]

if you had solid proof, you'd have a winning case.

but since there is no lease agreement, it's as if he was never there, he can say he was living with a friend or whatever, or even if he says he lived there, that still doesnt prove he broke your tv.

you'll waste more money in court costs and lawyers fees, it's just better to learn your lesson, go buy a new tv, and wash your hands of the deal.

next time you get wise and get a roommate, have an attorney draw up a contract agreement (even if it is only a month to month thing) and get it notarized when the new guy moves in, then you will have some solid legal ground to stand on.

 

[SN95StangMan]

Try to get him to confirm in a text or email that the tv was bought as a replacement for your tv. Otherwise you might have trouble convincing a judge because he can deny it until the cows come home. Don't just say it outright but be a little casual about it so he doesn't suspect anything.
And of course, have all that printed out and ready to show the judge on your court date

 

[Njc0las]

LOL at the horrible advice in here. Your case is a coin toss. You might as well leave out the whole part about you renting to him without a lease. That won't look too good for you. If he wanted to be an ahole he could probably screw you over worse for the whole living situation than you could for the tv. I think the cop told you pretty much how it will go unless you can come up with proof that he gave you the TV. Now you know for next time.

 

[SVT95]

Make sure that your two witnesses are willing to appear in court. Their written statements are worthless unless they are made to an attorney, written out, and then notarized. And even that may not be accepted by some judges.

They will appear in court. Their good friends of mine.

but since there is no lease agreement, it's as if he was never there, he can say he was living with a friend or whatever, or even if he says he lived there, that still doesnt prove he broke your tv.

you'll waste more money in court costs and lawyers fees, it's just better to learn your lesson, go buy a new tv, and wash your hands of the deal.

I have many people that can confirm he was living here, including his parents. And it's small claims court, no lawyers and minimal court costs. I don't know how much but that was one of my questions.

Try to get him to confirm in a text or email that the tv was bought as a replacement for your tv. Otherwise you might have trouble convincing a judge because he can deny it until the cows come home. Don't just say it outright but be a little casual about it so he doesn't suspect anything.
And of course, have all that printed out and ready to show the judge on your court date

I don't speak with him anymore. I cut all contact as soon as I made the police report about it being stolen.

LOL at the horrible advice in here. Your case is a coin toss. You might as well leave out the whole part about you renting to him without a lease. That won't look too good for you. If he wanted to be an ahole he could probably screw you over worse for the whole living situation than you could for the tv. I think the cop told you pretty much how it will go unless you can come up with proof that he gave you the TV. Now you know for next time.

Do explain on how this kid can screw me over worse? I'd be really interested to here. I'm not going after him for all the living expenses he walked out on, simply the TV his dog broke.

But there is one thing I still need to know, how long do you have to file a claim in small claims court?

 

[allister]

i had a similar situation before, I was out about $1400. the other person never showed up for court so i won. what sucks is, i paid around $200 to take them to court, and now that I "won", I have to pay a lawyer money to do some paperwork bs to get my $1400. From what I hear I have to find out where that person lives now, who their bank is where they work and give all this info to a lawyer and then they somehow get the money from them. it all confuses me but the morale is just bc u win doesn't mean you'll get your money handed to ya

 

[lobra97]

Good luck with that one chief. Not sure how you are going to be able to prove that its your tv. I'm sure he'll be using that cc statement to argue its his. What a clown.

what i was thinking, he could easily deny he broke your tv unless you have proof....new tv is under his name w/ his credit. good luck :burnout:

 

[DSG2003Mach1]

even if you won, does he have anything of value for them to put a lien on? If not and he doesnt pay its only a moral victory and you're out the filing fees as well.

 

[Hodgepodge]

you should have been there when he moved out. not much you can do now except move on. small claims court won't be worth your time or money

 

[jpro]

Why not pay him a visit and break his TV? Sounds fair.

 

[lobra97]

Why not pay him a visit and break his TV? Sounds fair.

break his like he broke yours :rockon:

 

[Chopin]

Don't do something stupid. Just sue him in small claims court. Likely to cost you a around $100.00 with service. You have a solid case. Take your witnesses and the test message he sent you.

Good luck.

 

[SVT95]

you should have been there when he moved out. not much you can do now except move on. small claims court won't be worth your time or money

I work during the day and go to college at night. I sat down with him after work and told him he had 30 days to move out and any day throughout October that his stuff was at my house, he owed me rent for. On my way to class that night he sent me a text telling me he was moving out that night. If I hadn't had an exam that night, I would have turned around but I didn't have a choice.

break his like he broke yours :rockon:

I have friends of friends that have less morals than I do. They were willing to pay me for the kids address and they said they would get it back. lol. It was tempting but I figured I would let the law settle it.

I'm torn on the entire thing. I think I could win in court, mainly for the fact this kid is dumb as a rock. But what says if I won that he would pay up. He does have stuff to put a lien on but it didn't seem like the kid had that good of credit anyways. I'll have to do some more research and put a case together against him. Once I have all my paper work and such I think I'll have a good idea of how much evidence I have against him.

 

[nxta]

go down to your local court house. File a complaint against him, they will set a court date. he may even just get scared and settle out of court

 

[lobra97]

I work during the day and go to college at night. I sat down with him after work and told him he had 30 days to move out and any day throughout October that his stuff was at my house, he owed me rent for. On my way to class that night he sent me a text telling me he was moving out that night. If I hadn't had an exam that night, I would have turned around but I didn't have a choice.



I have friends of friends that have less morals than I do. They were willing to pay me for the kids address and they said they would get it back. lol. It was tempting but I figured I would let the law settle it.

I'm torn on the entire thing. I think I could win in court, mainly for the fact this kid is dumb as a rock. But what says if I won that he would pay up. He does have stuff to put a lien on but it didn't seem like the kid had that good of credit anyways. I'll have to do some more research and put a case together against him. Once I have all my paper work and such I think I'll have a good idea of how much evidence I have against him.

have a friend break into his place and break only his tv....he'll get the message lol