Legal Question in Civil Litigation in Washington
Litigation (IOU???)
Situation:
moved out of rental house in April because landlord said we were behind on rent.(we were by $300.) He gave us a verbal 30 day notice we were out in under that. Now almost three months later he sends an IOU that states we payhim $100. a month until we have paid him $2,600. in back rent and $700. in labor and dump fees. This is were it gets tricky: I never had a lease or any kind of written contract with this person (family friend)at this address. The only reciept he has states 2 dump runs total of 32min. and $44. In the IOU he is trying to say he wants $449. for 25 hours of labor and $224. in Dumping fees.I always paid my rent in cash because he told us he could not take checks due to past issues. My question is can he do this? Can he come after us after three months and charge us these totally outragous fees? If we go to small claims court which he said he would do if we wont sign it would a jugde rule in his favor even without any proof?
2 Answers from Attorneys
Re: Litigation (IOU???)
Do not sign the note; he has no legal right to ask you to do so. Signing the note could only create problems for you.
If he takes the disagreement to small claims court he will need to prove he has 1) some legal basis for trying to get the money from you and 2)that he is entitled to the amount of money he is asking for. You will be allowed to tell your side of the dispute as well and present any evidence you have to prove it. Judges in small claims courts are usually good at figuring out the truth.
Re: Litigation (IOU???)
IOUs are not the same as a legal judgment.
He can sue you if he thinks you owe him money. But he has to prove his case. No written contract, no pictures, no evidence - it is going to be his word against yours.
My crystal ball is busted, but I would not lose sleep over this.
Also, if he sues you in small claims, you have a right to have a lawyer represent you. The case is "removed" to District Court so you can have a lawyer, if you choose.
Or you can do it yourself.
Hope this helps. Elizabeth Powell
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