19TbirdSC91 Posted February 14, 2009 Report Share Posted February 14, 2009 Well, my former friend is taking me to small claims court. And I personally don't think he's going to have very good luck with it. There's a couple of things that I have questions about, so here it goes. First of all, here is the story. We were planning on moving in together into an apartment, filled out the lease papers and what not. Turns out, we needed co-signers, his dad co-signed for him, and I didn't really have anyone that would do it for me. So while I was searching for somebody to help me out with that, and while he had no job. I paid half of the rent, mind you my name was not on the lease due to having no co-signer. Once he got his job and I realized that I wasn't going to be able get anyone to co-sign for me, I stopped paying any of the rent because I didn't live there and had nothing in the apartment. I'm not going to pay rent somewhere that I don't live, he was lucky I paid what I did. So he kind of flipped out a little bit when I didn't move in and stopped paying and what not, which I'm sure I would be upset too, but there was nothing I could do, I'm not going to move in somewhere without my name being on the lease, as a matter of fact, I don't think it's allowed. So now, he's apparently taking me to small claims court for 1300 dollars in unpaid rent and fees that he had to pay. Am I correct in thinking that he has no case since my name wasn't on the lease and never even stayed over there? Also, he is having the supoena (sp?) sent to the apartment, I don't even have a key for that mail box and have no way of getting it. I'm going to end up not being able to go to court because I wont be able to get the papers, and I'm going to have a warrant for my arrest for failure to appear in court. I don't live there! I don't understand why in the hell he is having the papers sent there unless to try to screw me into getting arrested and everything. What do you guys think I should do? And what do you think about the whole situation? I really don't think he has anything. Let me know, and thanks for bearing with the long story, I appreciate your help in advance. Sean McConaha Quote Link to comment Share on other sites More sharing options...
XChris1632X Posted February 14, 2009 Report Share Posted February 14, 2009 Maybe you should contact a lawyer. Not many people on here really work for the legal systems so regardless of what they tell you are you just going to trust them? In the end this post will be pointless because half the people will be saying no big deal theres no case and then some people will be saying but what about this blah, blah, blah. Consult a person who does this for a living that your actually going to be able to get a real idea of what is going to happen. Obviously the both of you are to young to be living on your own in the first place to not have all of your ducks in a row before you acctually sign a lease. He should have never signed until you did at the same time and his father never should have signed until you had a for sure signature also. Quote Link to comment Share on other sites More sharing options...
19TbirdSC91 Posted February 14, 2009 Author Report Share Posted February 14, 2009 Maybe you should contact a lawyer. Not many people on here really work for the legal systems so regardless of what they tell you are you just going to trust them? In the end this post will be pointless because half the people will be saying no big deal theres no case and then some people will be saying but what about this blah, blah, blah. Consult a person who does this for a living that your actually going to be able to get a real idea of what is going to happen. Obviously the both of you are to young to be living on your own in the first place to not have all of your ducks in a row before you acctually sign a lease. He should have never signed until you did at the same time and his father never should have signed until you had a for sure signature also. Yeah I know what your sayin in paragraph one, I'm just kinda curious about other peoples opinions. And about being too young, I had just finished a lease with my now ex at the time, so I already did the whole apartment thing. And I thought it was pretty dumb of him and his dad to jump into it with out me being 100% sure about moving in over there. I even told him from day one when he asked me about living together that I didn't think I could do it but I would see what I could get together. And he decided to move in over there before I could get my name on the lease, sounds like its his problem to me. Quote Link to comment Share on other sites More sharing options...
HotCarl Posted February 14, 2009 Report Share Posted February 14, 2009 Maybe you should contact a lawyer. Not many people on here really work for the legal systems so regardless of what they tell you are you just going to trust them? In the end this post will be pointless because half the people will be saying no big deal theres no case and then some people will be saying but what about this blah, blah, blah. Consult a person who does this for a living that your actually going to be able to get a real idea of what is going to happen. You dont use lawyer's in small claims court. Sure he could consult a lawyer to ask him what to do and about the situation but that will definitly cost money. And this is a public forum, he's going to get lots of differing opinions on what he should/shouldnt do and what the outcome may or maynot be. Personally, I think that if your name was not on any paperwork (the lease) held by the apartment leasing office (not the copy of the lease held by your friend) then you shouldn't be held liable for the rent. Never the less you should be prepared and have a full explanation and hopefully paperwork to back it up to the judge. Any witness statements or "testimonies" might help, might go overboard but all of it should help. Dont forget to wear your best suit too. goodluck. Quote Link to comment Share on other sites More sharing options...
HAOLE Posted February 14, 2009 Report Share Posted February 14, 2009 They don't issue arrest warrants for small claims. You dont show you automatically lose. He has the burden of proof, if you dont have a signed lease he wont win. Don't sweat it. Quote Link to comment Share on other sites More sharing options...
19TbirdSC91 Posted February 14, 2009 Author Report Share Posted February 14, 2009 And this is a public forum, he's going to get lots of differing opinions on what he should/shouldnt do and what the outcome may or maynot be. That's exactly what I am looking for. And does anyone know if there's anyway I can call the court house or whatever and explain to them that he's having the papers sent to wrong address and have them tell me the date/location of the "hearing?" Quote Link to comment Share on other sites More sharing options...
Guest Removed Posted February 14, 2009 Report Share Posted February 14, 2009 put in a forwarding address for your mail at the apartment to where ever you live now. so proof of the date you did it and explain why! get everything you can to prove you didnt live there. Quote Link to comment Share on other sites More sharing options...
HotCarl Posted February 14, 2009 Report Share Posted February 14, 2009 Im sure there is some courthouse website you can check with a dockette and schedule. Just gotta look hard enough to find where the date is. Quote Link to comment Share on other sites More sharing options...
19TbirdSC91 Posted February 14, 2009 Author Report Share Posted February 14, 2009 Yeah, I'm going to call the courthouse on Monday and see what my options are, and if they can just tell me when its supposed to happen. This is all just a retarded waste of time to me because I really don't think he is going to win. Quote Link to comment Share on other sites More sharing options...
2.oh so slow Posted February 14, 2009 Report Share Posted February 14, 2009 you can call the courts and have them search for your case under either name, they'll give you the information. Quote Link to comment Share on other sites More sharing options...
TTQ B4U Posted February 14, 2009 Report Share Posted February 14, 2009 (edited) Maybe you should contact a lawyer. Not many people on here really work for the legal systems so regardless of what they tell you are you just going to trust them? And no one can really chime in as even if they are an attorney, they would be putting themselves in a pretty precarious situation to give legal advice in the first place. IMO though, without a signed lease, he's pretty much SOL. Especially if you never lived in the apartment or claimed it as a place of residence on taxes or utility companies. Don't worry about the subpoena either. If he sends it to the wrong address simply via regular mail you're not liable for anything. Especially if he sends it to the wrong address. Subpoena's need to be properly served in order to be valid and if he obtains it from the courts, he needs to provide them your correct address. Usually they are personally handed to you by an officer of the court, Licensed Process Server, law enforcement agent such as a sheriff, etc..... Just make sure you never had your primary address changed to nor were receiving mail at the apartment. Now if it's delivered to your parents and / or you have knowledge that it's coming to them, you can't simply have them toss it and expect to be able to just walk away. Bring a copy of it with you though when you do go to court. Did you sign any type of agreement in absence of being put on the lease? Hopefully you had nothing in writing. Verbal anything doesn't mean shit. Edited February 14, 2009 by TTQ B4U Quote Link to comment Share on other sites More sharing options...
evan9381 Posted February 14, 2009 Report Share Posted February 14, 2009 i guess im confused as to why you were paying rent if you didnt ever live there or name was not on lease? Quote Link to comment Share on other sites More sharing options...
Dave1647545494 Posted February 14, 2009 Report Share Posted February 14, 2009 no signed paper work no deal Quote Link to comment Share on other sites More sharing options...
Farley Posted February 14, 2009 Report Share Posted February 14, 2009 You needs a name on a document to prove u live there nothing signed it didn't happen Quote Link to comment Share on other sites More sharing options...
Wonderboy Posted February 15, 2009 Report Share Posted February 15, 2009 You could have him "disappear". Problem solved. Quote Link to comment Share on other sites More sharing options...
19TbirdSC91 Posted February 15, 2009 Author Report Share Posted February 15, 2009 You could have him "disappear". Problem solved. LMAO that funny right thurr. I never signed anything at all. I did fill out all the lease papers and everything, only to have them tell me that I needed someone to co-sign, which I couldn't get. I had paid some of the rent to A. Help him out while he didn't have a job and B. I was in the process of finding a co signer which obviously didn't happen. Quote Link to comment Share on other sites More sharing options...
boosted98gst Posted February 15, 2009 Report Share Posted February 15, 2009 So why the hell did you guys even get the apt before you even knew you had a co signer? Quote Link to comment Share on other sites More sharing options...
19TbirdSC91 Posted February 15, 2009 Author Report Share Posted February 15, 2009 So why the hell did you guys even get the apt before you even knew you had a co signer? That would be something he would need to be asked, lol, the whole situation was and is just fucking retarded Quote Link to comment Share on other sites More sharing options...
igotaprestent4u1647545491 Posted February 15, 2009 Report Share Posted February 15, 2009 That would be something he would need to be asked, lol, the whole situation was and is just fucking retarded threaten to counter-sue for wasting your time , if your name is not on any lease you should be home free. no idea why he would sign a lease by his own, tough luck for him. Quote Link to comment Share on other sites More sharing options...
Mensan Posted February 15, 2009 Report Share Posted February 15, 2009 Don't threaten anything. If you are going to sue someone, never give them notice. He needs to perfect service if he wishes to have a judgment that will hold up in court (this means delivering a notice to your place of residence, or obtaining proof that the notice to appear was delivered to you). He is not doing this. Even if there is a hearing (which I doubt will happen) where you don't show up, he will still need to present his case. If he has no case, the magistrate (not a judge in small claims) will throw it out. On the funny side, if you go to court and the judge sides with you, then you can ask for a restraining order since he has been harassing you about paying for something which has nothing to do with you. Him being present at the hearing is notice of the restraining order, so it takes effect immediately. I was going to have one issued to the collection agency I sued. Quote Link to comment Share on other sites More sharing options...
BloodRed Posted February 15, 2009 Report Share Posted February 15, 2009 Yeah, I'm going to call the courthouse on Monday... FYI...courthouse is closed on Monday due to Presidents Day. Also do not put in a change of address request with the postal service. They can use that as proof you lived at that location, which it sounds like you didn't. Franklin county, and most other counties, have a website/phone number where you can get free legal advice. I don't know the name of it, but get on the Franklin County/Columbus BAR Association's website and I am sure there will be something there about it. As far as I can see, you have no contractual agreement to pay the rent in the first place. No signed contract on the lease or with your friend, you should be free of any obligation. Quote Link to comment Share on other sites More sharing options...
Spidey2721 Posted February 15, 2009 Report Share Posted February 15, 2009 yea like blood said. if he is getting mail there then doesn't that show that he was living there or at least had intent on living there?? i know that if you are trying to throw someone out of a place of residence its hard if they are receiving mail there. Quote Link to comment Share on other sites More sharing options...
Ramsey Posted February 16, 2009 Report Share Posted February 16, 2009 Tldnr. cliffs? Quote Link to comment Share on other sites More sharing options...
19TbirdSC91 Posted February 16, 2009 Author Report Share Posted February 16, 2009 yea like blood said. if he is getting mail there then doesn't that show that he was living there or at least had intent on living there?? i know that if you are trying to throw someone out of a place of residence its hard if they are receiving mail there. I have never received mail there, why would I have mail going somewhere I don't live? Tldnr. cliffs? huh??? Quote Link to comment Share on other sites More sharing options...
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