Suing ex-roommate in small claims

Vista, CA Viewed 207 times. Posted 11 months ago in Litigation
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I am about to file a lawsuit in small claims court against my ex-roommate, who along with myself were the only two people on the lease. However, I am also considering suing his brother who was also a roommate, but was not on the lease. The one on the lease initially claimed sole responsibility for their combined balance owed to me for their share of bills I was covering for them. But he is now claiming that he paid off his share and the remaining balance is now his brother's responsibility. Should I request a subpoena to at least force his brother as a witness if I can't sue him or should I just leave his brother out of the lawsuit? Any quick advice would be greatly appreciated as I am about to proceed with my lawsuit within the next week. - Is this your question? Add additional information
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Answers (1)

David William Ginn

David William Ginn

Contributor Level 6
This attorney is licensed in California. Posted 11 months ago. Flag as objectionable
The determination of this question would be best determined by meeting with a lawyer, presenting the lease, and all of the underlying facts. That is the only way that you can be sure that you are making the right decision. I suspect that you will find that you are better off suing both of your roommates. That way, you can make a claim both under the lease against the person who is on the lease, and you can make a claim against the brother, based on an oral agreement or an equitable argument. You then put both of them on the spot to tell the judge what they thought their agreement was, and there is some likelihood that these accounts will conflict. I suggest that you ask the judge to have any judgment be joint and several between both roommates.

The San Diego County Bar Association can help refer you to a lawyer who can help you.

There is a book published by Nolo Press called "Everybody's Guide to Small Claims Court." You may find this to be a useful reference in preparing for your case.

Good luck!
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