Can I take someone to small claims court for this? How much would the whole process cost?

Question

We (my bf and I) added on a lease as roommates to two other people (couple) that lived in the apartment before. they planned on moving out soon. Two months after their moveout, we received a letter from the leasing office about a waterbill that we owed. It dated back from when the couple moved into the apartment. They lived at the apartment for 6 months and we lived for 2 months (after which the bill came). The bill was for 8 months on which we planned to pay 2 months. but since our name was on the lease, we had to pay off the entire bill or it would mess up our credit. So called the couple and told them about the bill and they said they would pay me back for the 6 months they owed. So we paid the bill off since they were moved out already and they would mail us the check. Well we have been trying to contact them but they will not reply to emails or phone calls or voice messages and sometimes hang up the phone. Its $205 that they owe us and we are college students working time. more..

so this is our 2 week's pay and a big part of our rent. He can afford this money I know that. I have proof of the bill and also can show that they lived there alone before us so only they would have to pay us. Can I take them to small claims court? How much would it cost? And how likely am I to win this case? Any other suggestions, inputs, info will greatly help me very much!! Thank you!

Answer 1

Yes, you can take them to Small Claims Court. Filing fees vary from State to State (the state I currently live in it is $70.00). You do not a need a lawyer and can fill out the paperwork yourself.

It sounds like you have a good case as you indicate you can prove that they lived their during the period the bills were incurred and didn't pay, prove you didn't live there during that period, paid the bill, the verbally agreed to pay but have not.

Prior to filing suit, send a demand letter both certified mail with a return receipt and regular U.S. Mail demanding payment in full for the amount, citing the facts you have relayed above and reitterate that they did verbally agree to pay and you have been trying to contact them via phone, voice mail messages and e-mails but they have not responded. Give them a deadline to pay the amount via a Cashier's Check or Money Order (you don't want to end up getting stuck with a bounced check on top of everything esle)and indicate if they do not make the payment by the deadline, they will leave you no choice but to file a suit in Small Claims Court to recover the money.

Give them at least 10 days from the time you mail it but not a good idea to go more than 20 days. This way you have proof that you tried to work this out in good faith Wait at least 3 days past the deadline to file the suit to allow time to possibly receive a check in the mail. If you do file suit, be sure to request in the suit that you are also seeking the filing fee in the Judgment.

The only monkey wrench I see is I would think that the water bill would have been listed in their name and when you took over the lease, you could have switched it over to you and your boyfriend; in that event, you would not have had to pay the prior bill and whatever entity handles the water bills would have pursued the prior renters for that fee, not you and your boyfriend.