roommate owes me money on hose we both bought what kinf of attorney

by Fausto Larson 10 min read

What if my roommate owes me money?

Together with your roommate, agree on a different split until the money they owe you for rent has been repaid. Perhaps you will pay just $400 per month of the rent for 5 months to make up your roommate’s unpaid rent, so your roommate is effectively paying you back $100 per month. When you set up this agreement, be firm.

Who is the guarantor of a roommate's money?

May 31, 2019 · As above, you will report rental income and expenses on Schedule E. The usual way to determine expenses when you rent a part of your house is to divide the area of the part in which the renter has exclusive use by the total square footage of the house, and use that to prorate expenses for things like utilities, mortgage interest, insurance and taxes.

What happens if you deny a roommate's counterclaim?

Basically my old roommate owes me around 3000$. Originally she owed me 10k but she was paying me back weekly. We didn’t have a written agreement for the weekly payments but I have proof she was doing so + her agreeing to continue to pay me back.

Will my sister owe me money from her own funds?

Oct 20, 2010 · Let me first mention that you should carefully read the roommate release form you refer to, which must be a form created by the property management company, and may describe the conditions under which the release was granted. It is possible that some of the terminology in there might be helpful. Second, you cannot legally retain her personal ...

What happens if a creditor forecloses on a property?

If a creditor forecloses on the property, the mortgage has to be paid off before the lien is . To avoid these complications, many creditors decide to wait until the property is sold to receive the portion that is owed to them.

How long does a lien on a property last?

The property lien is in effect until the debt is repaid or the judgment expires. In many cases, the judgment remains for ten years. In some situations, a creditor may request a writ of execution to foreclose on the property. Mortgage payments have priority over payment on liens.

What is the first step to take when a creditor is unsecured?

For an unsecured creditor who is not a contractor that performed work on the home, the first step that must be taken is getting a judgment against the debtor. Someone who is owed money is generally not able to just put a lien on property without first securing a judgment. Securing a judgment requires the creditor to sue the debtor.

What happens after a judgment is secured?

After a judgment is secured, the debtor may then be able to look into the assets that the debtor has. In many states after a judgment is secured, the debtor is required to complete a form that lists his or her assets. In states that require this form, there may be certain ways to get out of completing it, such as satisfying the judgment by paying what is owed or filing a timely appeal. This form is then provided to the individual who won the judgment. If the judgment debtor fails to complete this form, some states allow a mechanism in which a debtor can be forced to show up at court and answer questions about his or her assets.

What is the statute of limitations for creditors?

If the contract was only oral, this defense may defeat the claim. The statute of limitations provides a time limit by which a claim must be asserted.

Can a judgment debtor refinance a home?

In order to sell the property, the debtor may decide to pay the judgment creditor off. The same is usually required to refinance the home. In most states, a portion of the debtor’s property is exempt.

Can a judgment be recorded with a lien?

However, most states require the judgment creditor to record the judgment with the county to create a lien on the debtor’s real property. Creditors can attach a property lien that states that the creditor is owed money. Until the debt is repaid, the title will be unclear. The property owner will not be able to sell the property or have it ...

What to do if someone owes you money and won't pay it?

If someone owes you money and won't pay up, you might consider filing a lawsuit to have a judge order them to pay it. However, you should keep in mind that filing a lawsuit – even in small claims court – can be a lot more complicated than it might appear in daytime television shows such as People's Court. Beyond that, a court's order only gives you ...

What to do if someone refuses to pay you?

If someone owes you money but refuses to pay, you might have to file a lawsuit to have a judge order them to pay . Start by gathering your evidence, including written contracts, any proof of a loan, or receipts for initial payments on monies owed.

How long does it take to answer a complaint?

Typically the defendant has between 20 and 30 days to file his or her written answer.

How much does it cost to file a small claims lawsuit?

This fee will vary depending on the court in which you file. If you file in small claims, the fee may be under $100, but you can expect to pay several hundred dollars to file a regular civil court lawsuit. If you can't afford to pay the filing fees, you may be able to fill out an application to have the fees waived.

What is a certificate of service?

The certificate of service tells the court how you intend to notify the defendant of the lawsuit.

How long do you have to sue for a written contract?

Typically you have much longer, as much as 10 years, to file suit regarding a written contract. However, you must sue to enforce an oral contract within one or two years. This time period begins from the date the contract – whether written or oral – was broken.

What happens at the conclusion of a presentation of evidence?

At the conclusion of the presentation of evidence, the judge will make a ruling in your case. The order will spell out whose story the judge found more convincing and why, and list the amount of money (if any) that you're entitled to receive from the defendant. Both parties have the right to appeal the decision.

What happens if you sell your house for more than you inherited?

If you sold the home for more than its inherited value, you would owe capital gains on the difference. Assuming that the value of the house on the date of death is $100,000, then your share has a cost basis of $50,000. If you sold it for $51,000, you would have a taxable gain of $1,000.

What happens if your sister doesn't pay you?

If your sister doesn't have the cash to pay you in full for your half of the house, you could sell her the house and take back a mortgage. She would own the house in full, and she would owe you monthly payments with interest until the balance is paid off.

Can you sell your house to your sister?

Once the transfer of ownership is recorded in the county clerk's office, you can proceed to sell your share in the house to your sister for half its value. Your sister will pay you cash out of her inheritance and make up the rest of the cash from her other resources.