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Do I have a case? Is there a chance that the defendant can countersue?

North Charleston, SC |

I recently allowed a friend of mine to stay at my apartment under the verbal agreement that she pay electricity during her stay, which was close to four months. (However, apartment complex does not allow sublets without written statements.)Every month she paid the bills without much question. She left October 1st. She is currently refusing to pay the September bill which is $188.95. After 8 weeks of her asking to see the bills, I finally got them to her. During this period I asked for $60 to pay a bill of mine. She directed me to take her tips that week, which totaled at $56. Through a miscommunication, I took the tips without showing her the bills. Because of this, she refuses to pay the remaining $130. In a phone discussion recently, I proposed we settle at $50, to which she also refused

Attorney Answers 1


Your summary is pretty hard to follow. Proving damages is going to be one problem. Proving what the agreement was is another. Regardless, YOU are on the hook for the charges because they are in your name. If you cannot get her to pay, I would look at it as an expensive lesson and let it go. In my opinion, it is not worth your time to pursue it. Your friend *sounds* like she was trying to do the right thing. It also sounds like there were issues with you getting her the information she needed to pay you. I would just let it go. Maybe you can preserve the friendship. That is worth way more than $130.

James Frederick

*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

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