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Old 05-30-2017, 03:24 PM
 
7,343 posts, read 4,366,022 times
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Ex roommate owes me money. I have written and signed papers saying he would pay today. He didn't. Don't want to do this but it's money.

I read a little online quick, any real world experience?
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Old 05-30-2017, 03:28 PM
 
8,081 posts, read 6,956,168 times
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It's a hassle. But if its for a small amount I'd try to stick with the small claims section of the Justice Court.

If he hires an attorney he can object and transfer this from small claims to justice court which is a bit more formal. But Justice Court judges are used to dealing with Pro Pers.

You need to pick the precinct in which the acts/omissions occurred based on the following link:
http://justicecourts.maricopa.gov/Locations/index.aspx
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Old 05-30-2017, 03:29 PM
 
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The day isn't over yet. Wait till tomorrow and let him know you plan to file, maybe that will light a fire under him?
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Old 05-30-2017, 04:09 PM
 
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Oh yeah I hope he resolves it I don't want to go to court by any means but I ain't rich. I'm hoping just the threat fixes it. Small claims ruins credit right?
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Old 05-30-2017, 04:26 PM
 
331 posts, read 315,476 times
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Quote:
Originally Posted by madison999 View Post
Oh yeah I hope he resolves it I don't want to go to court by any means but I ain't rich. I'm hoping just the threat fixes it. Small claims ruins credit right?
From an actual AZ lawyer: You will, of course, have the filing fee of $52. Service of the summons and complaint can be by certified mail, so that will save you money over a process server. But most important, remember that "winning the case" and "collecting your money" are two distinctly different animals. If your ex-roommate has no assets or job at all, or no assets that can be levied upon (i.e., no non-exempt assets as defined by statute), your victory will be a hollow one. (A judgment is good for five years and can be renewed indefinitely, so you can always hope he wins the lottery.) You don't mention the amount at stake or whether your ex-roommate has assets or a job, but the main question is: "Is there enough likelihood of me collecting the money if I do win to go through the expense and hassle of suing?"


Standard disclaimer: The above is not legal advice, merely general information. I am not your lawyer.
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Old 05-30-2017, 04:26 PM
 
9,446 posts, read 6,574,870 times
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Quote:
Originally Posted by madison999 View Post
Oh yeah I hope he resolves it I don't want to go to court by any means but I ain't rich. I'm hoping just the threat fixes it. Small claims ruins credit right?

It would affect HIS credit, not your's.
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Old 05-30-2017, 04:45 PM
 
Location: Metro Phoenix, AZ USA
17,914 posts, read 43,404,840 times
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Quote:
Originally Posted by Harpaint View Post
It would affect HIS credit, not your's.

It affects his credit if it's reported to the bureaus. Not all judgments are.
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Old 05-30-2017, 04:58 PM
 
331 posts, read 315,476 times
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Quote:
Originally Posted by observer53 View Post
It affects his credit if it's reported to the bureaus. Not all judgments are.
Courts don't report judgments to the credit reporting agencies. The judgments are public records that the credit reporting agencies monitor. It is a virtual certainty that the judgment would be discovered by the agencies and would be a negative on his credit report.
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Old 05-30-2017, 05:05 PM
 
9,196 posts, read 16,639,651 times
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Apply for Judge Judy!
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Old 05-30-2017, 05:20 PM
 
3,822 posts, read 9,473,476 times
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My ex father in-law was a lawyer and he told me don't waste your time unless the amount is over $2500 and there is a good chance you will get it. Better to walk away sometimes than to waste time and money. Had an old client of mine disappear in the middle of the night and refused to pay me for some work I did. Life lesson learned and I just absorbed the loss. Made me pick better clients in the future.
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