Legal Question in Credit and Debt Law in Missouri
Small Claims Material or Not?
I am interested in finding out if I could possibly take someone to court for breaking an engagement two months prior to the wedding. He has not offered or attempted to pay for any of the expenses inccured during the process of planning the wedding. He also co-signed a lease on an apartment and has since moved out and provided the complex with a vacate notice. However, his name remains on the lease even though he does not live there and is not paying any of the rent. Is there anything I can do or I am just SOL? Even if I get to court, is it likely he would file bankruptcy and never have to pay anything anyway? Any advice would be great. Thanks!
2 Answers from Attorneys
Re: Small Claims Material or Not?
You might be able to take him to court on the wedding expenses. It depends who incurred the debt. On the lease, you should try to get a roommate. If not, you may be able to go after him. However, a judgment is only a judgment. You may not be able to collect.
Re: Small Claims Material or Not?
Broken engagement case questions are never easy to answer. You have not provided detail, so I must answer very generally. Do not act on my advice without getting further counsel from someone who knows more of the particulars of your situation.
Planning a wedding is like entering a partnership. If you both looked at aparticular reception hall, and then one placed a deposit down for the agreed date, the one who backs out could be liable to the other for their half of the deposit, if it cannot be refunded by the hall. The same could be true of flowers, napkins, invitations, a band or DJ, etc.
The apartment is another matter. Usually the written lease agreement itself will spell out your liability in the case that a roomate moves out. Generally, the one who moves out is liable for their share of the rent for the remainder of the lease period, pending subleasing. That means, if you find another roomate, then your former finance will probably not be liable for rent after that.
Good Luck,
Tony Smith