I own a house in Raleigh. When my girlfriend and I broke up, she refused to move out so I did. It's been 10 months and I finally got her to leave. However, she destroyed the carpet because she didn't take care of her animals, left the house in a state of absolute filth, stole my washer and dryer (and refuses to give it back), maxed out one of my credit cards without my knowledge, bought a mattress set with another credit card & isn't paying anything. She owes about 6 months rent. On top of everything else, she illegally obtained my girlfriend's (unlisted) phone number and home address, and constantly harassed her in the middle of the night. She owes about $6000 in rent, $3000 on the credit card, $600 for the mattress & the value of the washer and dryer is somewhere around $750....so in total, she owes me over $10,000.
I now live out of state. How do I get my money back? Is it easy to get a judge to grant garnishment of her wages?
2007-02-23 00:50:34 · 7 answers · asked by Roland'sMommy 6 in Business & Finance ➔ Renting & Real Estate
Some more important details...she was not an authorized signer on my account, but it happened when we were together over a year ago. She HAD been paying rent, so she acknowledged the responsibility at one time.
There was no lease or rental agreement, she was planning to purchase the house from me but her credit was so lousy nobody would give her a loan. The only reason I didn't force her out before was because she claimed she was trying to finance the place.
I did file a police report about the washer and dryer, they filed it as grand larceny, but said it would most likely end up as a civil matter. I'm in the process of contacting an attorney, luckily I purchased the legal plan through my company.
2007-02-23 01:32:49 · update #1
You need to take her to small claims court. Break you issues up into separate actions. There will be a maximum amount you can claim. If you divide you can claim for all. If she stole your card and charged without having her name on the account, report the card stolen. Get the card co. involved. Also file criminal charges against her for the card and appliances. Speak to the clerk of court in Wake co. for guidance. Good Luck
2007-02-23 01:04:14 · answer #1 · answered by thirsty mind 6 · 0⤊ 0⤋
If you had a lease that she signed, that states the monthly rent and the lease term (without the lease term, it's not considered legal), you could take it to the court and get a judgment. Small claim court would handle cases less than $5000 usually. Check with the local court. As for the credit card charges, if she was also a signer, there is nothing you can do. If she illegally used your personal credit card, you can report it as credit card theft. Washer and Dryer, I would report it as theft to the police (do it as soon as possible). As for the damage to the house, I don't think you will really get anything for that unless you have legal lease between you and her, which clearly states the condition of the house when she moved in (maybe with photos). Good luck.
2007-02-23 01:03:15 · answer #2 · answered by spot 5 · 0⤊ 0⤋
Did she sign a lease? If not she will deny it in court and will not be held for the rent. As for your credit card. Report it to the police and your credit card company. They will go after her for the money and may even press charges for fraud. (As long as she is not an authorized user). For the other things.. mattress, washer and dryer and nasty carpets. Take her to Civil court. You need to call a lawyer in the Wake County to see what the criteria is but I'm sure that you could win most of your things back. You just need to be willing to wait. Anytime you talk to her record the conversations. Try to get her to acknowledge that she was renting and that she owes you rent. If you can get her to admit to anything then you have won!
2007-02-23 01:03:49 · answer #3 · answered by lilbitt_637 4 · 0⤊ 0⤋
You are going to need an attorney. That's the only way you'll ever see a dime of that money.
Did she sign any lease papers with you when you moved out? Do you have receipts showing the purchase of the washer & dryer? Is she an authorized user of your credit cards?
You should also talk to the police department (or sheriff if you lived in the county) to file criminal charges against her for credit card fraud. Your girlfriend should file criminal charges against her for harrassment. Be sure she has a list of the phone calls (the phone company can provide you the list of incoming calls provided it hasn't been more than 6 months, usually).
Good luck!
2007-02-23 00:56:25 · answer #4 · answered by boo's mom 6 · 0⤊ 0⤋
If you owned this house, you could have forced her out of it...if you are able to get a lawyer and sue her, do not be surprised if the judge throws it out, as they might say you abandoned the property...this happened to me...he was abusive so I moved out to protect myself first and foremost and the judge didn't see that, he said I abanadoned the property and not only dismissed my lawsuit against him, but ordered a quit claim deed on the house and gave him my house!!
2007-02-23 01:02:48 · answer #5 · answered by beetlejuice49423 5 · 0⤊ 0⤋
Well what do you expect from this numb nuts? I have to give him credit. People say that he is lying any time that his lips are moving. That is just not true. That is only 75% of the time. The other 25% of the time, he is proving how ignorant and out of touch he is with reality.
2016-05-24 01:54:24 · answer #6 · answered by Anonymous · 0⤊ 0⤋
A perfect case for Judge Judy!!
2007-02-23 00:55:02 · answer #7 · answered by Anonymous · 0⤊ 1⤋