If I sue my roommate for failure to pay her share of the security deposit on our apartment, how can I ensure that I get paid?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I sue my roommate for failure to pay her share of the security deposit on our apartment, how can I ensure that I get paid?

I paid our $500 security deposit in 04/09, my roommate has only paid me $50 of her half. In addition, she owes me $67 for her share of rent, which I paid in 10/10 and $43 for the cable bill is still outstanding (I was forced to pay to activate the service after it was interrupted). I want to give her one more chance to pay me back and was wondering what would be the best course of action- written or verbal. Our lease is up at the end of May and was thinking I would give her until 5.1.11 to settle her debt. After court, is there any way to ensure that her wages will be garnished?

Asked on February 14, 2011 under Bankruptcy Law, Minnesota

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Written notice to your roommate would be preferable to verbal because the written notice would provide evidence in support of your claim in court.  Verbal notice would be disputed in court as your word against your roommate.

After you obtain a judgment against the roommate in court, you would need to file the requisite documents in order to get a wage garnishment to enforce the judgment.  Once the wage garnishment is in place, you will be receiving a portion of your roommate's wages each pay cycle until the judgment has been satisfied.

You can sue your roommate in Small Claims Court.  Your damages (the amount you are seeking to recover in your lawsuit) should include the amount you are owed plus court costs.  Court costs would include the court filing fee and process server fee.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption