04-23-2003, 07:14 AM
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Confirmed User
Join Date: May 2002
Location: Dayton, OH, USA
Posts: 1,863
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Quote:
Originally posted by Snapper
You would think so, wouldn't you? Unfortunately, even with a signed lease, the violations you claim are hearsay, unless a police report was filed. You can tell the judge he smoked pot, but he can tell the judge you were worshipping Satan and sodomizing sheep. Judge isn't going to submit him to a drug test any more that he's going to ask a local sheep to take a rape kit test. Small claims court does not work that way. Take my word for it. Only way you win in small claims is with a police report, a bounced check, or a traceable good (like your stereo). Anything else, the judge has no way of telling who is lying, so he'll just assume everyone is lying, and go off the written record.
You probably could win on the lease, if you say he just walked out on it. But if all his money is being spent on lighting up his brain, its not like you're going to collect anyway. Like I said, not worth it for under one or two grand. Just walk away man. You'll have a lot less stress. If you see the guy in a few years, mop the floor with his ass, that'll make you feel better.
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Well fortunately he already realized he was screwed. We're meeting Thursday and he's giving back the stuff he took, as well as rent for next month up until we can sell the apartment. |
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