Small Claims Lawsuit - Question

[dtp92648]

I am hoping someone has some legal knowledge on an issue I am dealing with...

The short story - I just went through an unexpected breakup with my "live in" girlfriend. Without going into details we paid an entire year worth of rent on a great condo in South Orange county. I moved out when I found out about her "new" boyfriend (another entire story). We had a verbal agreement regarding the percentage of rent each of us would pay when we moved in... but, no written contract was ever signed.

Anyhow... She has agreed via Text Message a total of 4 times to pay me back the portion of rent that I am owed plus my deposit. In one of my text messages to her I provided a detailed outline of the financial breakdown (amount per month we agreed to, total months left on the lease and my portion of the deposit). She directly replied to this text and said she would send me a check. Now, I sit here a month later and 4 texts with her agreeing to pay (each 1 week apart)... and still no check?

My question... will this string of text messages hold up in court on a small claims lawsuit?

What does the RDP Jury say?

 

[wsuwrhr]

Move on, fuck as much strange pussy as you can find brother. Trust me, it isn't worth the headaches.

Soon you will be married, with kids, and you will look back and think how EASY life used to be.

NO chick is EVER going to pay you money, for ANYTHING. EVER.


Signed, been there, done that.

I am hoping someone has some legal knowledge on an issue I am dealing with...

The short story - I just went through an unexpected breakup with my "live in" girlfriend. Without going into details we paid an entire year worth of rent on a great condo in South Orange county. I moved out when I found out about her "new" boyfriend (another entire story). We had a verbal agreement regarding the percentage of rent each of us would pay when we moved in... but, no written contract was ever signed.

Anyhow... She has agreed via Text Message a total of 4 times to pay me back the portion of rent that I am owed plus my deposit. In one of my text messages to her I provided a detailed outline of the financial breakdown (amount per month we agreed to, total months left on the lease and my portion of the deposit). She directly replied to this text and said she would send me a check. Now, I sit here a month later and 4 texts with her agreeing to pay (each 1 week apart)... and still no check?

My question... will this string of text messages hold up in court on a small claims lawsuit?

What does the RDP Jury say?

 

[wsuwrhr]

Get back in HER bed somehow, do it doggystyle and jiz off on her back, and LEAVE.

That's how it is done.

Say, "See Ya" on the way out the door.

 

[dtp92648]

Move on, fuck as much strange pussy as you can find brother. Trust me, it isn't worth the headaches.

Soon you will be married, with kids, and you will look back and thing how EASY life used to be.

NO chick is EVER going to pay you money, for ANYTHING. EVER.


Signed, been there, done that.

It seems like 50% of my friends share your view... the other 50% are telling me the opposite. The fact that she just sold her condo and I know she is sitting on a VERY large chunk of money... it pisses me off! Especially since the money she owes me would make my life much easier.

 

[jetboatperformance]

I am hoping someone has some legal knowledge on an issue I am dealing with...

The short story - I just went through an unexpected breakup with my "live in" girlfriend. Without going into details we paid an entire year worth of rent on a great condo in South Orange county. I moved out when I found out about her "new" boyfriend (another entire story). We had a verbal agreement regarding the percentage of rent each of us would pay when we moved in... but, no written contract was ever signed.

Anyhow... She has agreed via Text Message a total of 4 times to pay me back the portion of rent that I am owed plus my deposit. In one of my text messages to her I provided a detailed outline of the financial breakdown (amount per month we agreed to, total months left on the lease and my portion of the deposit). She directly replied to this text and said she would send me a check. Now, I sit here a month later and 4 texts with her agreeing to pay (each 1 week apart)... and still no check?

My question... will this string of text messages hold up in court on a small claims lawsuit?

What does the RDP Jury say?

To start if you have a smart phone find an app named "email my text" (or I'l send you a link) the app shows all texts in between your number and theiers including pictures and comes to you as a readable continuous email , there are several apps out there but most suck... I use this to app to provifde documentation on jobs where a customer ask for additional work just like a note regarding verbal authorization ... and just emailed a thread that took place regarding a large equipment purchase where the seller and I have a dispute , small claims is a pretty laid back venue except for Judge Judy , you may be able use them (the texts) , just read about a higher court precedent allowing texts as admissible documentation of contract ................http://pulseforensics.com/text-messages-court/

 

[wsuwrhr]

It seems like 50% of my friends share your view... the other 50% are telling me the opposite. The fact that she just sold her condo and I know she is sitting on a VERY large chunk of money... it pisses me off! Especially since the money she owes me would make my life much easier.

Doesn't matter.

50% of your friends are trying to make you feel better, the other 50% don't want to hear you cry about it.

Seriously, your life will be many times more complicated than this.

Forgetabbouuuuutttt it.

Godfather, where are you on this one? He needs your guidance.

Brian

 

[wsuwrhr]

It seems like 50% of my friends share your view... the other 50% are telling me the opposite. The fact that she just sold her condo and I know she is sitting on a VERY large chunk of money... it pisses me off! Especially since the money she owes me would make my life much easier.

Men pay, women get paid.

Just the way it is.

She will NEVER send you a penny.

 

[rvrrun]

The text messages will absolutely hold up, but it's so not worth going to court unless you have the free time. The judgement is the easy part, collecting sucks.

 

[dtp92648]

The text messages will absolutely hold up, but it's so not worth going to court unless you have the free time. The judgement is the easy part, collecting sucks.

I hear you about the time deal... but, I am pretty sure she will pay up once an OCSD Deputy serves her papers at work. I just want to make sure the texts will hold up in court in the unlikely event we do have to see a judge. I don't want to look like a fool in that situation!!!

 

[rivrrts429]

Brian is right. Think of it in terms of how much money she's saving you.

IMO, walking away less the rent money is the cheapest break up ever. For now she can string you along and keep you around while you wait for her to pay, which she's never going to do. You're still at her mercy and some chicks love that. This is a learning lesson for the next chick. No matter how hot they are someone somewhere is sick of her shit. Get everything in writing.

Run, don't walk [emoji106]

 

[PVHCA]

Part of me agrees to let it go but I'm Sicilian and wouldn't. FUCK her. If you have an agreement take her to court and get your judgement, she won't be able to buy another home with that wad of cash with a judgement on her record. Hold her to the agreement, however don't harass her, don't stalk her, it's now a business transaction, not personal.

Just my thoughts.

 

[Flying_Lavey]

Move on, fuck as much strange pussy as you can find brother. Trust me, it isn't worth the headaches.

Soon you will be married, with kids, and you will look back and think how EASY life used to be.

NO chick is EVER going to pay you money, for ANYTHING. EVER.


Signed, been there, done that.

I agree with Brian

The judgement is the easy part, collecting sucks.

Mostly for this reason. Getting a court to say she owes you the money and getting the money from her are 2 very different things.

 

[500bbc]

I am hoping someone has some legal knowledge on an issue I am dealing with...

The short story - I just went through an unexpected breakup with my "live in" girlfriend. Without going into details we paid an entire year worth of rent on a great condo in South Orange county. I moved out when I found out about her "new" boyfriend (another entire story). We had a verbal agreement regarding the percentage of rent each of us would pay when we moved in... but, no written contract was ever signed.

Anyhow... She has agreed via Text Message a total of 4 times to pay me back the portion of rent that I am owed plus my deposit. In one of my text messages to her I provided a detailed outline of the financial breakdown (amount per month we agreed to, total months left on the lease and my portion of the deposit). She directly replied to this text and said she would send me a check. Now, I sit here a month later and 4 texts with her agreeing to pay (each 1 week apart)... and still no check?

My question... will this string of text messages hold up in court on a small claims lawsuit?

What does the RDP Jury say?

Yes, even if you end up in front of the judge he'll find in your favor. Especially if she try's to lie.

 

[dtp92648]

Part of me agrees to let it go but I'm Sicilian and wouldn't. FUCK her. If you have an agreement take her to court and get your judgement, she won't be able to buy another home with that wad of cash with a judgement on her record. Hold her to the agreement, however don't harass her, don't stalk her, it's now a business transaction, not personal.

Just my thoughts.

This is the course of action I tend to agree with... I have been overly nice during the entire string of text messages. I have used the exact same words when talking to my friends.. it's strictly a business transaction. I have been incredibly polite with her during the entire ordeal... I would have zero issues handing my phone to a judge to see every word I have said to her since. Not a rude or mean comment yet.

 

[mbrown2]

Take her to court...its all business at this point.

 

[coolchange]

You moved in. You paid. You defaulted and left. Now you want your money back. Doesnt seem right? You loose?
She says she will pay you and you have a recodd of it. You win?
Sue her. Its cheap and easy. You might get lucky.
The amount you gave up will be cheap compared to what it would have cost you down the line.
Do it but dont expect a dime or loose sleep over it.

 

[milkmoney]

Take her to court...its all business at this point.

+1, every woman should be looked at and treated as a business partner.
I would head out and get into the sport fucking mode for awhile , until you find that one again.
Then repeat [emoji202][emoji12]

Make her pay. They all are jus squatters [emoji41]

 

[dtp92648]

You moved in. You paid. You defaulted and left. Now you want your money back. Doesnt seem right? You loose?
She says she will pay you and you have a recodd of it. You win?
Sue her. Its cheap and easy. You might get lucky.
The amount you gave up will be cheap compared to what it would have cost you down the line.
Do it but dont expect a dime or loose sleep over it.

Not sure I defaulted... We both contributed to an entire year of rent paid in advance. I am just asking for my unused portion back. If the role was reversed and I cheated on her... I would have walked away and not asked for a penny.

 

[McRib]

Its not worth the fight. Dont look it as what she owes you. Look at it as what it cost to get rid of her forever. People who owe people money disappear. Ive weeded out many this way.

 

[McRib]

She has her new BF in her ear and her girlfriends in her ear saying to give you fuck all. She probably looking for the fight just out of spite and get a rise out of you. Ignore it and if you get money, great.

 

[Crazyhippy]

Get the judgement, but don't expect anything to come from it.

 

[Yellowboat]

if you can afford to do so, just walk away.


my ex owes me 10s of thousands, put me thru hell over what ultimately turned out to be her committing several acts of perjury and me getting a life time restraining order against her. its not worth it.

 

[C-2]

Small Claims court is a crapshoot at best. A couple of observations...

Judge Judy or Judge Milan - sure, why not. You both get paid for your TV appearance and if she loses, you get your judgment paid in full by the TV show. Double check that info first.

Text messages in court, since it's small claims, it might fly. Then again, a Judge or Judge Pro Tem may say hell no, it's not TV court, lol. Otherwise, it's a "he said, she said" situation.

You mentioned serving her at work. Ughh. Bad news and good news...

The bad news is, non-enforceable process is no longer served by the Sheriff, you have to use a private process server. Takes the intimidation aspect out of it.

The good news is you know where she works, and probably where she banks. You could easily attach her wages and possibly levy a bank account if you obtain a judgment.

 

[riverroyal]

That way we can all have a laugh at your expense. Ha. I'd write it off, but south oc? That's your next down payment or security dep. tough to say fuck it

 

[460]

All these posts and not one got pics post. You guys are slipping.

 

[squirtnmyload]

+1, every woman should be looked at and treated as a business partner.
I would head out and get into the sport fucking mode for awhile , until you find that one again.
Then repeat [emoji202][emoji12]

Make her pay. They all are jus squatters [emoji41]

Yeah ahh I'm going to have to go ahead and sort of disagree with you there

 

[Outdrive1]

If you're on the lease move the fuck back in. Bring a different chick home every night until she moves out buys you out.

 

[Abc123]

Ultimately, you're going to do whatever you want and come up with whatever reasons you feel necessary to justify that decision.

For whatever it's worth, here's my advice: Go find yourself a woman who is loyal and consider yourself lucky the relationship ended, before you got her pregnant. A few grand is nothing compared to how bad it could be. The best revenge is to live a better life. Go make more money, and hook up with hotter girls than her. She's a cheater, which means she's a liar, she will likely not pay you as previously agreed. Be the bigger man and let it go. People like her, who do shitty things to others, will live miserable lives forever.


Delete her number, go lift some weights and talk to new women! You'll feel much better and soon laugh about this situation and at yourself a little. :thumbsup

 

[Bigbore500r]

Ultimately, you're going to do whatever you want and come up with whatever reasons you feel necessary to justify that decision.

For whatever it's worth, here's my advice: Go find yourself a woman who is loyal and consider yourself lucky the relationship ended, before you got her pregnant. A few grand is nothing compared to how bad it could be. The best revenge is to live a better life. Go make more money, and hook up with hotter girls than her. She's a cheater, which means she's a liar, she will likely not pay you as previously agreed. Be the bigger man and let it go. People like her, who do shitty things to others, will live miserable lives forever.


Delete her number, go lift some weights and talk to new women! You'll feel much better and soon laugh about this situation and at yourself a little. :thumbsup

This

 

[Melloyellovector]

If you're on the lease move the fuck back in. Bring a different chick home every night until she moves out buys you out.

^^^^ this, same thing I was thinking, lol

FuckBitchesGetMoney

 

[zhandfull]

If you're on the lease or rental contract im not so sure you would win a case in court. Might be paying more if there is a lease longer than the prepaid year.

 

[J DUNN]

Move back in until she pays you the money!

 

[dtp92648]

You guys crack me up. I have basically run most of these scenarios in my head before you mentioned them.

Strangely enough.... She texted me about an hour ago and said the check was put in the mail today. I'll just have to wait and see if it shows up... Then haul ass to her bank to cash when it does arrive.

She is an idiot... But, she knows I can be a persistent mother fucker and I wasn't gonna let this slide. It wasn't really a money deal for me... I wanted her to at least feel some financial suffering. She owed me $7,000... plus, with help of some great friends I basically moved out overnight and left her in an empty house. It hope it costs her another $7000 to replace every thing that was mine.

I won't miss her.... But I'll miss this view out our front window.

 

[Melloyellovector]

I won't miss her.... But I'll miss this view out our front window. View attachment 517477 [/QUOTE]

That view isn't the only thing new dude appreciates :lmao

 

[dtp92648]

I won't miss her.... But I'll miss this view out our front window. View attachment 517477

That view isn't the only thing new dude appreciates :lmao[/QUOTE]

Haha.... more power to him!!! It's just a matter of time until she's screwing around on him. He lives in Redlands... She's in Capistrano Beach... Good luck with that commute. They both have kids in school, so I doubt either of them is moving any time soon.

 

[New to boating]

I am hoping someone has some legal knowledge on an issue I am dealing with...

The short story - I just went through an unexpected breakup with my "live in" girlfriend. Without going into details we paid an entire year worth of rent on a great condo in South Orange county. I moved out when I found out about her "new" boyfriend (another entire story). We had a verbal agreement regarding the percentage of rent each of us would pay when we moved in... but, no written contract was ever signed.

Anyhow... She has agreed via Text Message a total of 4 times to pay me back the portion of rent that I am owed plus my deposit. In one of my text messages to her I provided a detailed outline of the financial breakdown (amount per month we agreed to, total months left on the lease and my portion of the deposit). She directly replied to this text and said she would send me a check. Now, I sit here a month later and 4 texts with her agreeing to pay (each 1 week apart)... and still no check?

My question... will this string of text messages hold up in court on a small claims lawsuit?

What does the RDP Jury say?

While I agree with majority sentiment here (not worth the fight - move on and chalk up to experience) to your question is YES you would prevail in court with a detailed text message outlining the agreement between you two as long as there is a clear "acceptance" of the terms by her, which it sounds like there is.

Obviously a Cheater is never going to do what they said they would do or what they should honorably do so I suspect the only way you get paid is through litigation.

Lot's of fish in the water - find a new one and next week you won't remember her name or what happened.....at least your not fighting about "marital community assets, business valuation, shared custody rights and spousal maintenance"....AND paying her legal fees to the Bulldog that is trying to ruin your life.....

Just sayin

GR

 

[CLdrinker]

Not sure I defaulted... We both contributed to an entire year of rent paid in advance. I am just asking for my unused portion back. If the role was reversed and I cheated on her... I would have walked away and not asked for a penny.

I have been divorced so I have been in your situation. Listen you did not loose any money. You invested in a learning situation. You just learned something very important, this lesson will save you so much in the future you have no idea!

Also imagine if you would have married this chick, do you understand how fucked your life would be right now? You got off Scott free run!!!

 

[CLdrinker]

Btw I only lost $25,000 in my divorce. Best money I ever spent! You can always make more money you can never buy time. You are wasting time dealing with her shit. Move on!

Or you can be like my brother in law and spend 20k to argue over who gets 10k in assets!

 

[Wadernation]

My last ex also didnt pay a few months of rent which triggered the end to our relationship. She moved out and gave me the choice to move her big ass couch to her new place or just buy it. I bought it for .50 on the dollar and now i have sex with every single woman i bring over there..on that same couch. It's my feeling of victory.

not sure how this helps but sometimes saying "fuck it" and cutting all ties is easier on the mind. Move on..get laid..have some beers and she will get her Karma someday.

 

[Mandelon]

If the check isn't really in the mail, let her know you will be lettingsome of your friends come by and use your half. You're on the lease, you paid, you are entitled to use the place... your friends have your permission to come over and party anytime! RDP fiesta. Sorry about the mess...

 

[Abc123]

Haha.... more power to him!!! It's just a matter of time until she's screwing around on him. He lives in Redlands... She's in Capistrano Beach... Good luck with that commute. They both have kids in school, so I doubt either of them is moving any time soon.

Who cares about her new relationship circumstances. If you get the check, cool. Regardless, move on with your life and forget about her entirely. If you need some help moving forward, get yourself a Tinder or Bumble account. :thumbsup

 

[PVHCA]

Love all the comments about F the money, tell ya'll what, loan me $250 each, that's it just $250.00 and when I tell ya'll to get fucked lets see how ya'll react, LOL.

Love the got rocks mentality.

 

[Abc123]

Love all the comments about F the money, tell ya'll what, loan me $250 each, that's it just $250.00 and when I tell ya'll to get fucked lets see how ya'll react, LOL.

Love the got rocks mentality.

Money isn't everything. You can't put a price on being the bigger person, the lesson learned and your sanity. Revenge is for the birds.

 

[PVHCA]

Money isn't everything. You can't put a price on being the bigger person, the lesson learned and your sanity. Revenge is for the birds.

who ever mentioned revenge? it's business.

 

[Chipster27]

WWRD... what would Ratso do [emoji1][emoji1]

 

[Abc123]

who ever mentioned revenge? it's business.

Vindictive / revenge. Call it what you want, but she isn't a business. Heck, I'd love to be able to write-off all the expenses related to the ones that didn't work out on my taxes.

Showing her the fact that you don't give a crap about them money or her, is much better than the money in my opinion. Let her live with the fact that she's a POS.

 

[shintoooo]

I would have her signup on RDP so we can hear her side of the story and then we can give you the proper advice.

 

[Abc123]

I would have her signup on RDP so we can hear her side of the story and then we can give you the proper advice.

Now that is quality moderating!

 

[Outdrive1]

I would have her signup on RDP so we can hear her side of the story and then we can give you the proper advice.

You think she shops at Target?

 

[elcajones]

Sublease your half of the condo to a section 8 afghan family.