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November, 2024

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To the NS Lawyers

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bobross
Posts: 468 - Karma: 11
First off I'm in the U.S. and stupid responses will be ignored and no I'm not going to spark note it.

Here is the situation that I am currently at.  I spent a semester studying aboard in Shanghai.  While I was there my old roommate received our whole security deposit back from our landlord after our lease expired.  He went on to spend my share of it, $800.  I come back to the country and he goes and leaves the state and moves back to Maryland about 2 weeks after I get back.  I tried my best to get him to pay me before he left, he isn't the most reliable person.  

So I keep nagging him for the money and he tells me "Yea the check is in the mail." I believe him, bad on my part I know.  A week passes and no check, call him he says he sent it.  Another week, two weeks go by and I'm pissed.  I need this $800 for my security deposit at the place I'm living next year.  Keep calling, texting, emailing him about it, a couple more weeks go by.  He keeps saying he sent it.  I bring up the idea of him just paypal-ing me my money and he seems down for it.  Now he is ignoring me.  I have saved all the texts, emails, and messages between me and him just-in-case this happened.  I also have the invoice sent to me from my former landlord saying that the total deposit was paid to my roommate.

So my question to you, fellow NS, what legal actions can I take, if any???  I am a poor, working college student and $800 is a lot of money for me.  

Any help?
Thanks,
Piper
Mar 20 2009 12:59PM
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prontocuts.com
Posts: 5244 - Karma: 42
I would say small claims court, but I dont know how that works because he is in a different state. Hell one of those judge shows on daytime TV would easily pick up your case like judge judy and what not
Mar 20 2009 1:03PM
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JeremyClarkson
Posts: 1599 - Karma: 1,921
if its a joint security deposit then i dont think theres much you can do. if you each had your own security deposists and he took that. then yes id file a claim. try to file one anyway.
Mar 20 2009 1:07PM
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bobross
Posts: 468 - Karma: 11
It wasn't a joint deposit but the return was written out to one person
So call my local lawyer or how does one start filing a claim?
Mar 20 2009 1:08PM
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snwbrdmilf
Posts: 22441 - Karma: 2,806
PM JD your situation.
Mar 20 2009 1:14PM
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*V-Love*
Posts: 500 - Karma: 19
im not a big legal person but i know going to court and getting a lawyer and all that is expensive and im not sure how much you would get back after having to pay all the court and lawyer fees... not to rain on your parade or anything because i totally think you deserve to get the 800$ im just saying. good luck man i hope it works out for you.
Mar 20 2009 1:15PM
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gmack24
Posts: 4636 - Karma: 31
Just speak to your lawyer and threaten him with legal action.
Mar 20 2009 1:16PM
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bobross
Posts: 468 - Karma: 11
Yea i really don't want to go to court because the fees would most likely cancel anything I would win...but a subpoena handed to him on his doorstep would probably be the kick in the ass that would get me paid
Mar 20 2009 1:17PM
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bobross
Posts: 468 - Karma: 11
thanks for the advice but he hasn't been online in over 30 days
Mar 20 2009 1:19PM
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teebs-jr
Posts: 128 - Karma: 29
Judge judy that shit
Mar 20 2009 1:19PM
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JeremyClarkson
Posts: 1599 - Karma: 1,921
if it was written off to him then he has rights to the money. sorry,  but it looks to me that he's in control of wether he gives you your 800$ or not.
Mar 20 2009 1:20PM
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*V-Love*
Posts: 500 - Karma: 19

i hope so. i just lack faith in our court system because too many people get away without justice being served.

Mar 20 2009 1:20PM
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Ryno
Posts: 31125 - Karma: 336
+1

Then we can all tune in and watch :P
Mar 20 2009 1:21PM
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dave44
Posts: 11052 - Karma: 113
https://newschoolers.com/web/members/profile/member_id/25532/
Mar 20 2009 1:21PM
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Raoul_Duke
Posts: 584 - Karma: 17
Yup when he sees you have your shit together and your serious he will probably pay up.

Odds are it will scare him, he wont call your bluff and he will pay.  have a letter sent with some law firm letterhead. You could make a fake one yourself.
Mar 20 2009 1:23PM
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bobross
Posts: 468 - Karma: 11
an J.D. thanks for the link...pm sent
Mar 20 2009 1:28PM
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snwbrdmilf
Posts: 22441 - Karma: 2,806
I don't know which JD you looked at, but yes I meant this person.
Mar 20 2009 1:33PM
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bobross
Posts: 468 - Karma: 11
searched for JD and found the one without the periods in his name
Mar 20 2009 1:34PM
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snwbrdmilf
Posts: 22441 - Karma: 2,806
Sorry about that. JD is studying to be a lawyer, in fact he's almost done. He's Canadian, but knows US law as well. Don't quote me on that, but I'm positive he can for sure help you out.
Mar 20 2009 1:39PM
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Barefootin_Fiend
Posts: 7618 - Karma: 4,727
I'm not a lawyer, but I've had my fair share of legal exposure (i'm an accountant). you can go to the courthouse and fill out the paperwork to file a claim in small claims court. I would imagine that this would be more than enough to scare him into paying. if not, you've got some other options, but they're going to cost you some time and money.
Mar 20 2009 1:54PM
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yelsel
Posts: 12967 - Karma: 3,451

first off threaten him with small claims court. if that doesnt get your $$ back then head to the courthouse and fill out the paperwork and get it filed. im not sure how much itll run you because each state has different filing fees. if he still doesnt pay i believe they can garnish his wages. meaning if he has a job and is getting  paid from that job, you'll get the money.

Mar 20 2009 2:48PM
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bobross
Posts: 468 - Karma: 11
Thanks man, that sounds like a legit plan
P.S. im an accounting major


Any fools in the greater D.C. area wanna fuck this tool up for me??
Mar 20 2009 3:13PM
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Balto
Posts: 25985 - Karma: 4,404
ill ask my dad after school, or 1 of the 14 other lawyers that work for him
Mar 20 2009 3:13PM
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Barefootin_Fiend
Posts: 7618 - Karma: 4,727
right on - it's one of the best business degrees you can get. you'll learn all about bs like this in college and grad school. hope it all works out for ya man.
Mar 20 2009 3:42PM
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Aaaron.
Posts: 11817 - Karma: 903
i live just north of DC.
i know some guys....
Mar 20 2009 3:45PM
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ski_DC
Posts: 1347 - Karma: 58
too true aaron. im bringing the political clout to this. where in MD is he? you can always call his mommy, that works most of the time
Mar 20 2009 4:15PM
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Silence
Posts: 16030 - Karma: 150
*Paging J.D.*
Mar 20 2009 4:23PM
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Aaaron.
Posts: 11817 - Karma: 903
he will turn up soon enough.
where in MD is he?
ill cut a fool.
Mar 20 2009 4:29PM
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J.D.
Posts: 21362 - Karma: 5,143
I can't be around all the time for you people! GOD.

Alright seriously I wasn't needed anyway, you guys were right. Small claims sounds like the best option. He can do it locally since that's where it all happened anyway. Paying a lawyer to write a letter or give him advice is of course best but it's 800 dollars, so paying a lawyer to retrieve that much might not make sense.
Mar 20 2009 11:30PM
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