Legal Question in Credit and Debt Law in Wisconsin
Roommate owes money
I receieved a note stating that our power was going to be turned off the following day if the balance was not paid off.
My roommate was out of town and I was unable to reach him so I had to handle the matter to avoid living in the dark. I paid the balance of the electric bill, which was close to $400.
Less than a week later I received a letter from the management of our apartment building stating that $2,500.00 was owed. I went and talk to them, obtaining a transaction listing indicating that they had received payment for each month from me but were missing three months rent from my roommate.
I alerted him of the problem, speaking with him directly on the phone. Time passed and he had not paid so I had to pay the management company. He has said he would drop off a check for me on three seperate occasion, each time failing to pay.
There is no signed agreement stating that he will pay his half of the rent or that he will pay me back for the electric bill.
The electric bill is under his name, but I of course needed to ensure that the power was not turned off. Without a signed agreement am I able to sue him to obtain the money I paid for his half of the rent and the electric bill?
1 Answer from Attorneys
Re: Roommate owes money
You could sue your roomate under a number of legal theories including breach of implied contract, unjust enrichment and contribution. Whether you will ever collect from him, however, is a different matter. A legal judgment does not automatically get you the money, unless he voluntarily pays. If he does not, then you must turn to post judgment remedies such as garnishment and execution (the non-fatal sort which is a legal term for carrying out any judgment, often by the Sheriff siezing non-exempt property. Good luck!