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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 34290
Experience:  Attorney over 16 years, landlord 26 years
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I had a roommate with a signed lease agreement, as well as a

Customer Question

I had a roommate with a signed lease agreement, as well as a roommate agreement form which is still valid!!! But my roommate left without notice, left his things in the room, and hasn’t paid me anything for 2 months now. I have tried to contact him several times but he will not respond, what exactly must I do in order to get him to pay me and what small claims form should I file?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Can you tell me what state this is in?

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Do you know where he is living now or where he works?

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thanks

Barrister

Customer: replied 1 year ago.

I found out that he went to live with his gf, I know he works for a plumbing company but I don't know where, I went to see the apt manager and she told she can't give his information or a copy of the lease.I wanted the rental agreement because his information is there.

Expert:  barristerinky replied 1 year ago.

Ok, if you know where he is living or works, you can file a small claims court action against him for breach of contract and sue him for any rent that he owes under the lease contract that you have had to pay. You can get the summons and complaint from the local court clerk and then have the sheriff serve it on him at his work or the GF's place if you can find out either of those locations..

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In the alternative, if the apt manager won't provide you with a copy of the lease or any application, you can file the suit and list your address as his address and then ask the clerk for a "subpoena duces tecum" ( a subpoena for information) to be issued to the apt manager to provide the information about the tenancy so you can locate his work address and then amend the complaint so he is properly served.

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You can tell the apt manager that they can avoid being subpoenaed to court if they will just provide the info so you don't have to subpoena them.. That should "encourage" them to comply rather than have to appear in court with the information. If they don't, then you are stuck with doing it the hard way with the subpoena duces tecum.

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thanks

Barrister

Customer: replied 1 year ago.

What if he doesn't show up or if doesn't pay me.?

Expert:  barristerinky replied 1 year ago.

Then you get a default judgment and can ask the clerk for a wage garnishment order to be delivered by the sheriff to his employer to garnish his wages until the judgment is paid.

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thanks

Barrister

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