# Sue, sue, yes I'm gonna sue, sue. (first visit to small claims court) **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [July 12, 2010, 10:05pm UTC](https://boards.straightdope.com/t/sue-sue-yes-im-gonna-sue-sue-first-visit-to-small-claims-court/546460 "2010-07-12T22:05:11Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![fusoya](https://avatars.discourse-cdn.com/v4/letter/f/ecccb3/32.png) [@fusoya](https://boards.straightdope.com/u/fusoya)\ **Post date:** [July 15, 2010, 2:49pm UTC](https://boards.straightdope.com/t/sue-sue-yes-im-gonna-sue-sue-first-visit-to-small-claims-court/546460/21 "2010-07-15T14:49:17Z")
The check he gave me is now marked as “RETURN ITEM CHARGEBACK -$850” and there’s an additional "Returned Item Fee 35", so this situation is now officially costing me . The way I see it, since there’s really no way I can think of that this guy can countersue me, I don’t have much to lose except the $20 processing fee and a couple more hours out of my life, and I could get a settlement for $850 + bank fees or possibly double that if I sue for both the deposit and August rent (as I understand it, even if I don’t get judgement for part of what I’m suing for, I can still be awarded the other part). By the time the case goes to court, August will come and go, so I had no choice but to find another tenant to cover my August rent. This guy was already bragging about how his dad is a lawyer when he was going over the contract with us. I wonder if he’s cocky enough to assume he can win by default just because of that? ---
**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\ **Post date:** [July 15, 2010, 3:14pm UTC](https://boards.straightdope.com/t/sue-sue-yes-im-gonna-sue-sue-first-visit-to-small-claims-court/546460/22 "2010-07-15T15:14:33Z")
I say sue him for $1755 ($850 + 850 + 20 +35). You’ll probably only get awarded $850, but the worst that’ll happen is that you’ll lose and be out the $20. ---
**Author:** ![Hello\_Again](https://avatars.discourse-cdn.com/v4/letter/h/85e7bf/32.png) [@Hello\_Again](https://boards.straightdope.com/u/Hello_Again)\ **Post date:** [July 15, 2010, 3:39pm UTC](https://boards.straightdope.com/t/sue-sue-yes-im-gonna-sue-sue-first-visit-to-small-claims-court/546460/23 "2010-07-15T15:39:33Z")
> [@fusoya](#): > > So contracts aren’t valid (or won’t hold up in court) if one of the parties thinks that the other party can just make other plans to accommodate around him? No, it’s just that in a contract matter the court will generally seek to make you whole from the damage that was done to you by the breach. If you haven’t been _damaged_ then you aren’t entitled to a _recovery_ because that would be _unjust enrichment_ of you. Moreover, you aren’t allowed to “run up damages” just to spite the other person. If you unreasonably failed to mitigate your damages, ie, by not seeking another roommate, that’s on you. –generally speaking … this is not legal advice – ---
**Author:** ![fusoya](https://avatars.discourse-cdn.com/v4/letter/f/ecccb3/32.png) [@fusoya](https://boards.straightdope.com/u/fusoya)\ **Post date:** [July 15, 2010, 4:11pm UTC](https://boards.straightdope.com/t/sue-sue-yes-im-gonna-sue-sue-first-visit-to-small-claims-court/546460/24 "2010-07-15T16:11:00Z")
Thanks for the (non-legal) advice, everyone. My co-tenant is actually meeting with another prospective roommate for lunch right now, so hopefully he will be satisfied and I will have someone for August. If not, I will repost to craigslist for appointments starting on Sunday (I am working in the evenings today and tomorrow, and all day Saturday – anyone looking for a place in Greenpoint, by any chance?) and will be sure to keep a record of everything. Why wouldn’t I at least be reimbursed the bank fees for his stop payment? He submitted that before contacting me at all, and was aware that I already deposited his check before he signed the contract. I am not “running up damages” here. Everything I am seeking is spelled out in the contract he signed, or is a direct result of him trying to back out of it. It did just occur to me that there’s a “Rent not paid by the 30th is subject to a late fee of $20 per day” line in there too, so that’s a clock that would start ticking in 2 weeks as well. ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [July 15, 2010, 5:02pm UTC](https://boards.straightdope.com/t/sue-sue-yes-im-gonna-sue-sue-first-visit-to-small-claims-court/546460/25 "2010-07-15T17:02:33Z")
> [@fusoya](#): > > Why wouldn’t I at least be reimbursed the bank fees for his stop payment? He submitted that before contacting me at all, and was aware that I already deposited his check before he signed the contract. Have you tried contacting him about it? That’s what the court wants you to do anyway; it’s set up that way. You’ve already spent $15 and some time; maybe you can just get the $35 from him without bothering with the court. ---
**Author:** ![fusoya](https://avatars.discourse-cdn.com/v4/letter/f/ecccb3/32.png) [@fusoya](https://boards.straightdope.com/u/fusoya)\ **Post date:** [July 15, 2010, 5:48pm UTC](https://boards.straightdope.com/t/sue-sue-yes-im-gonna-sue-sue-first-visit-to-small-claims-court/546460/26 "2010-07-15T17:48:54Z")
I’m planning on sending him an email which says the following, I’m just waiting to hear back from my co-tenant on the other prospective roommate: _Your deposit check was returned unpaid, and I received a $35 fee for the returned item. Unless you reimburse me this fee immediately (in cash), I will be forced to escalate our situation to small claims court. Can you confirm that your home mailing address after August 1 will still be (his home address), and your work mailing address (his work address)?_ If things fall through with this other guy, I will also include: - Per our written and signed contract, you are liable and responsible for rent for the August 1-31 term, as well as all bank fees which result from non-payment, and a $20 per day late fee for rent not paid by July 30th\* ---
**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\ **Post date:** [July 15, 2010, 8:36pm UTC](https://boards.straightdope.com/t/sue-sue-yes-im-gonna-sue-sue-first-visit-to-small-claims-court/546460/27 "2010-07-15T20:36:51Z")
Man, an attitude like yours is enough to give lawyers a good name. :rolleyes: Don’t forget to add in a claim for negligent infliction of emotional distress… ---
**Author:** ![fusoya](https://avatars.discourse-cdn.com/v4/letter/f/ecccb3/32.png) [@fusoya](https://boards.straightdope.com/u/fusoya)\ **Post date:** [July 16, 2010, 2:27am UTC](https://boards.straightdope.com/t/sue-sue-yes-im-gonna-sue-sue-first-visit-to-small-claims-court/546460/28 "2010-07-16T02:27:21Z")
Sealed the deal with another roommate. At this point, I’ll just be happy to get my $35 and never see this guy again. I’ve been advised to not let him know this detail yet and still confront him about the $850 + $35 and see if I get lucky. So no, I’m not gonna sue. Even if you do sorta look like Wyoming… ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [July 16, 2010, 5:14am UTC](https://boards.straightdope.com/t/sue-sue-yes-im-gonna-sue-sue-first-visit-to-small-claims-court/546460/29 "2010-07-16T05:14:02Z")
> [@fusoya](#): > > I’ve been advised to not let him know this detail yet and still confront him about the $850 + $35 and see if I get lucky. Who gave you that advice? ---
**Author:** ![fusoya](https://avatars.discourse-cdn.com/v4/letter/f/ecccb3/32.png) [@fusoya](https://boards.straightdope.com/u/fusoya)\ **Post date:** [July 16, 2010, 7:38am UTC](https://boards.straightdope.com/t/sue-sue-yes-im-gonna-sue-sue-first-visit-to-small-claims-court/546460/30 "2010-07-16T07:38:39Z")
My dad. ---
**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\ **Post date:** [July 16, 2010, 1:16pm UTC](https://boards.straightdope.com/t/sue-sue-yes-im-gonna-sue-sue-first-visit-to-small-claims-court/546460/31 "2010-07-16T13:16:16Z")
> [@fusoya](#): > > I’ve been advised to not let him know this detail yet and still confront him about the $850 + $35 and see if I get lucky. Hmm - I guess in some circles “getting lucky” might be considered a synonym for theft… Man, you are just making yourself sound better and better with every post. I think the guy who bagged on the room doesn’t realize how lucky he is to have rethought his living arrangements. ---
**Author:** ![Hawkeyeop](https://avatars.discourse-cdn.com/v4/letter/h/958977/32.png) [@Hawkeyeop](https://boards.straightdope.com/u/Hawkeyeop)\ **Post date:** [July 16, 2010, 1:25pm UTC](https://boards.straightdope.com/t/sue-sue-yes-im-gonna-sue-sue-first-visit-to-small-claims-court/546460/32 "2010-07-16T13:25:50Z")
> [@fusoya](#): > > I \<3 whois … I got this bastard’s exact home address now! The guy isn’t a bastard, or at least isn’t based on the information you provided. He is a guy who simply changed his mind. It happens. He did it quickly and caused you minimal damage. If I’m you I’d politely request he send you a check reimbursing you for the cancelled check fee and move on. Demanding cash is silly and immature, you think he is going to pay $35 to cancel a $35 check? ---
**Author:** ![AClockworkMelon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aclockworkmelon/32/10803_2.png) [@AClockworkMelon](https://boards.straightdope.com/u/AClockworkMelon)\ **Post date:** [July 16, 2010, 1:30pm UTC](https://boards.straightdope.com/t/sue-sue-yes-im-gonna-sue-sue-first-visit-to-small-claims-court/546460/33 "2010-07-16T13:30:47Z")
So, OP, how’s being Lawful Evil working out for you? ---
**Author:** ![cckerberos](https://avatars.discourse-cdn.com/v4/letter/c/f0a364/32.png) [@cckerberos](https://boards.straightdope.com/u/cckerberos)\ **Post date:** [July 16, 2010, 2:14pm UTC](https://boards.straightdope.com/t/sue-sue-yes-im-gonna-sue-sue-first-visit-to-small-claims-court/546460/34 "2010-07-16T14:14:14Z")
While I think the OP kinda of jumped the gun with regards to talking about a lawsuit, the other guy was still a prick. Cancelling the check without warning and then ducking phone calls is not cool. A legally binding contract is a little more serious than a promise to go to the movies; you can’t just shrug it off with “I changed my mind.” I wouldn’t try for $885, though I would ask for more than just $35. Toss in a bit more to cover your wasted time. ---
**Author:** ![Hawkeyeop](https://avatars.discourse-cdn.com/v4/letter/h/958977/32.png) [@Hawkeyeop](https://boards.straightdope.com/u/Hawkeyeop)\ **Post date:** [July 16, 2010, 2:40pm UTC](https://boards.straightdope.com/t/sue-sue-yes-im-gonna-sue-sue-first-visit-to-small-claims-court/546460/35 "2010-07-16T14:40:14Z")
> [@cckerberos](#): > > While I think the OP kinda of jumped the gun with regards to talking about a lawsuit, the other guy was still a prick. Cancelling the check without warning and then ducking phone calls is not cool. A legally binding contract is a little more serious than a promise to go to the movies; you can’t just shrug it off with “I changed my mind.” I wouldn’t say cancelled without warning. Cancelled without permission maybe, but he certainly ler her know he was doing it. Also the time period where she tried to contact him before he called her was brief enough that I don’tr really think it is fair to conclude he was purposely avoiding her. ---
**Author:** ![Joey\_P](https://avatars.discourse-cdn.com/v4/letter/j/919ad9/32.png) [@Joey\_P](https://boards.straightdope.com/u/Joey_P)\ **Post date:** [July 16, 2010, 3:08pm UTC](https://boards.straightdope.com/t/sue-sue-yes-im-gonna-sue-sue-first-visit-to-small-claims-court/546460/36 "2010-07-16T15:08:53Z")
> [@Hawkeyeop](#): > > I wouldn’t say cancelled without warning. Cancelled without permission maybe, but he certainly ler her know he was doing it. He didn’t let her know he was doing it. He let her know that he _did_ it. Not only that, he let her know that he did it after she told him that she had put it in the bank. ---
**Author:** ![fusoya](https://avatars.discourse-cdn.com/v4/letter/f/ecccb3/32.png) [@fusoya](https://boards.straightdope.com/u/fusoya)\ **Post date:** [July 16, 2010, 4:03pm UTC](https://boards.straightdope.com/t/sue-sue-yes-im-gonna-sue-sue-first-visit-to-small-claims-court/546460/37 "2010-07-16T16:03:30Z")
What’s with all this _she_ stuff? The whole purpose of collecting a deposit and signing a contract is to make everything official in regards to reserving and then renting the room. I mean sure, he changed his mind less than 24 hours later, but he didn’t even provide a valid reason, and I’m still convinced the only reason he even returned my call was because he thought his stop payment failed. That 24 hour period (actually more like 48 in regards to the other steps I took) was enough for me to tell another prospective roommate (who in the end, did end up taking it) that the apartment was no longer available, and cancel 4 upcoming appointments. There was a good chance that I wouldn’t have been able to “lock down” another roommate in time for August 1 - if that happened (and I made an honest attempt to), and the other 1/3 of the rent for an empty room had to be paid out of my own pocket, do you all STILL think he would have deserved to get his money back? Anyway, I sent him an email telling him that if he reimburses me for that $35 fee, I will void his contract and he will never hear from me again. Personally, I think it’s a godsend he isn’t moving in now anyway. If he didn’t do this now, he would have eventually “changed his mind” about paying rent, and once he’s moved in, it’s a lot harder to get somebody out against their will. ---
**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\ **Post date:** [July 16, 2010, 5:11pm UTC](https://boards.straightdope.com/t/sue-sue-yes-im-gonna-sue-sue-first-visit-to-small-claims-court/546460/38 "2010-07-16T17:11:17Z")
> [@fusoya](#): > > There was a good chance that I wouldn’t have been able to “lock down” another roommate in time for August 1 - if that happened (and I made an honest attempt to), and the other 1/3 of the rent for an empty room had to be paid out of my own pocket, do you all STILL think he would have deserved to get his money back? Hell no. If that’d happened you would have been able to demonstrate a much bigger inconvenience. Fortunately, this was only a pain in your ass and not a hit to your finances. Getting ready to file a claim against the guy might’ve been prudent, but filing before you knew if you’d be able to get another tenant would have been a bad idea precisely because you would have been spending time on the claim instead of trying to find a new roommate. The guy sounds like a flake and did violate his agreement with you but “trying to get lucky” on the $850 is ethically dubious. Even if you did take that to court, the judge or arbitrator’s first question would probably be “were you able to rent out the room,” and hearing that the answer was yes, they wouldn’t give you anything anyhow. ---
**Author:** ![fusoya](https://avatars.discourse-cdn.com/v4/letter/f/ecccb3/32.png) [@fusoya](https://boards.straightdope.com/u/fusoya)\ **Post date:** [July 16, 2010, 5:20pm UTC](https://boards.straightdope.com/t/sue-sue-yes-im-gonna-sue-sue-first-visit-to-small-claims-court/546460/39 "2010-07-16T17:20:13Z")
He already wrote back and said he’d mail me a check for $35. Assuming he doesn’t put a stop payment on THAT one too (and as someone already pointed out, that would be fiscally irresponsible on his part, since it would cost him more to stop payment than to let it go through), then this matter is settled, no court filing required. Thanks for following along! ---
**Author:** ![cosmosdan](https://avatars.discourse-cdn.com/v4/letter/c/a6a055/32.png) [@cosmosdan](https://boards.straightdope.com/u/cosmosdan)\ **Post date:** [July 16, 2010, 5:34pm UTC](https://boards.straightdope.com/t/sue-sue-yes-im-gonna-sue-sue-first-visit-to-small-claims-court/546460/40 "2010-07-16T17:34:57Z")
> [@fusoya](#): > > I told him that he’s still responsible for August’s rent, whether he moves in or not, but seeing how he wasn’t even able to properly pay his deposit to me (which is equal to 1 month rent and is normally returned, minus any expenses for damages etc, after the term ends) I was accepting his “notice to move out”. He already stated that he still has no intention to move in, and he CAN’T move in without paying me the actual first month’s rent (aka giving me a second payment), since the contract states that he doesn’t get the keys until I get the first month’s rent, and I doubt he’s going to even try to give me another check at this point. > > A thought later occurred to me that he may have been trying to scam me - lets say the stop payment was the truth, but the call where he said his funds were pulled from his account was a lie. If was naive enough to write him a check on the spot, and then that deposit check bounce he originally gave me bounced, he would end up with twice what he gave me, and I would be out twice. Could someone possibly get away with that (yeah, I know this happens with work-from-home western union schemes all the time, but I’ve met this guy face to face and know where he presumably works and his phone #). It happens. Doesn’t mean he was trying to scam you but if you had given him the money it would be hard to get it back. You do have a responsibility to mitigate damages, which means renting to someone one else. You can try to recover losses from him but it takes time and can be frustrating especially if he avoids paying. A friend of mine got a judgment against a mechanic who scammed her. He never paid, she got another judgment, months passed and before she could do anything else he declared bankruptcy and she got buppkis. [Previous page](https://boards.straightdope.com/t/sue-sue-yes-im-gonna-sue-sue-first-visit-to-small-claims-court/546460.md?page=1)