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Question: I am being sued with no proof of debt?

(Posted by: everythingisluck on 2009-07-01 18:53:55)

I am being sued by someone (used to be friend) for a lil over a grand. We had an agreement "verbal " when I lost my job I could live there for free until I got a job. I was going to mover home but she talked me out of it. I finally got a job and our agreement was i would start paying rent and some of the bills and a lil extra every month. What I could afford to give. Well since all of that I had to move out because I was pregnant and had a baby. And once again we agreed that when I could pay some money I would could send some. Well times have been very hard and I haven't been able to send any money, because I really just don't have any to give. I was only contacted once since then and asked about money and I didn't have any then. Just enough for bills and my 10month old. Now she is suing me? Is there a case with no lease or renters agreement?! I need advice please help

Posted by: jlf on 2009-07-01, 19:02:33

Show up in court (must be small claims court) and state your case.

Posted by: debijs on 2009-07-01, 19:18:48

~~No, if there is nothing in writing, she will lose the case.~~

Posted by: David M on 2009-07-01, 19:31:01

Sounds as though you've screwed your ex-friend over pretty well. If there is no signed contract about all of this, you'll probably get away with your scam. Sounds like your word is worth nothing. Let me guess who ended this friendship.

Posted by: Reena on 2009-07-01, 19:32:24

Go to your court date and bring along any financial paperwork (pay stubs, etc.) that shows how little money you have to provide for yourself and your child. The judge will decide whether there ever was a rental agreement (verbal or written) or what expenses you actually incurred at your friend's place. She will have to have a lot of bills and receipts that show that she spend a lot of money on your upkeep. Just be polite, don't interrupt and answer all questions to the best of your knowledge. Keep repeating that the mutual agreement was that you would help if and when you could afford it and that there was never a set amount involved and that you unfortunately... never had enough money to spare to pay for the few months you stayed with your friend.

Posted by: Hunks_By_Hoss on 2009-07-05, 18:51:55

Yes she has a case. Verbal agreements ARE enforceable. What the judge falls back upon, is the actions of the parties involved when there is no written agreement. When the judge sees how much you freeloaded of this "friend ", they will sign off a judgment against you quite quickly...