I live in a 3 bedroom townhouse with my good friend and our landlord had put a third kid in. Anyway, were supposed to split up the electric bill 3 ways between all us. The random kid never had the money to pay us and kept giving is the same bs excuse all the time. We ended up just sucking it up and paying his part. Anyway we both went home for the summer and just got up now to find out his laptop and camera were stolen from his room. He called the cops and told them he owed us money and he thinks we took it. He no longer lives there but apparently hes taking us to small claims court. is there anyway this ****** can win the judgement without any proof?
my random roomates stuff got stolen while me and my friend were gone
- Thread starter kritical
- Start date
There probably isn't enough evidence, but the odds are tilted against you. You have a motive for doing so - and your roommate has no reason to lie.
Of course he has a reason to lie. Hes pissed about his stuff and he wants to blame someone. Were the easy ones to blame.
Can you prove where you were (out of town)? If yes, case closed. Consider counter-filing for the amount he owes you.
Gunslinger08
Lifer
- Nov 18, 2001
- 13,234
- 2
- 81
The burden of proof is on the accuser, not the accused. If he actually takes you to small claims, the judge will laugh in his face and throw it out.
Gunslinger08
Lifer
- Nov 18, 2001
- 13,234
- 2
- 81
A better question is this: why were his laptop and camera still there, if he wasn't living there?
1) Can't believe you guys let him get away with not paying the bill.
2) Since he has admitted to not paying you guys for bills and will probably do so in the future - take him to court and force him to pay his share of what he owes (assuming its a significant amount)
2) Since he has admitted to not paying you guys for bills and will probably do so in the future - take him to court and force him to pay his share of what he owes (assuming its a significant amount)
go to court with proof you weren't at home when the items were taken, and counter sue for the money owed on the electric
PERFECT opportunity to counter sue for the lost electricity bills. Welcome his invitation to take you to small claims court.
Motive isn't enough basis. He has no evidence.
Counter with owed bills while you're there, he would already have admitted to it.
Counter with owed bills while you're there, he would already have admitted to it.
You are right about the burden of proof, but not quite right on what will happen when they go to court. The judge will ask for evidence, I'm sure his room mate isn't goint to say "yeah he was out of town" more likely he will say " I think I heard him moving around the apartment" in which case the OP will be asked to account for his whereabouts. Once the OP proves that he could not possibly have stolen the laptop as he was out of town, the case will be dismissed.
HomeBrewerDude
Lifer
- Jan 18, 2001
- 14,465
- 1
- 0
lol, I wonder why nobody thinks more like us.
he needs money... so he probably sold the stuff to someone while HE was gone and is now looking to double up.
SO TRUE!!!@!
Easy win for you and unless he can prove it, the judge will throw it out very quickly. In court you have to prove your case VERY well. In this case you will win on both counts if what you said is true and you left nothing out.
I've have had a similar situation happen to me.
My last year in college, I wasn't getting along with my roommate well.
We both went on winter break and he was the last to leave the house.
I left a day earlier, and locked all my windows. Before i left, i told him to
check all the locks before he leaves. He forgot to lock the windows in his room
and while we were gone we both lost most of our clothes and computers.
intially, i was going to place all the blame on him and request he replace
my stolen items. but i knew an irresponsible person like him would place blame
elsewhere. i decide that i would no longer be his roommate and friend. i skipped out
on him and moved and found another place to live. my name was not on the
lease for the apt so i left the burden of the rest of the years lease on him as his punishment.
My last year in college, I wasn't getting along with my roommate well.
We both went on winter break and he was the last to leave the house.
I left a day earlier, and locked all my windows. Before i left, i told him to
check all the locks before he leaves. He forgot to lock the windows in his room
and while we were gone we both lost most of our clothes and computers.
intially, i was going to place all the blame on him and request he replace
my stolen items. but i knew an irresponsible person like him would place blame
elsewhere. i decide that i would no longer be his roommate and friend. i skipped out
on him and moved and found another place to live. my name was not on the
lease for the apt so i left the burden of the rest of the years lease on him as his punishment.
i did not. i was not on the lease, and he did not have insurance either.
i lost about 3 thousand dollars worth of clothes and computer equipment.
they even stole my backup harddrive that wasnt even installed. i lost about
10 years worth of pictures and all my college papers.
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