What to do if my ex-roommate is overcharging me for what I owe?

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What to do if my ex-roommate is overcharging me for what I owe?

My ex-roommate is trying to charge me 3 times as much as what I owe him. He says it’s interest, and he’s trying to charge me for a phone that what disconnected over 3 months ago. I’ve told him I’ll pay what I owe but he says if I don’t pay what he says, he’s going to take me to court. My signature is not on anything.

Asked on September 28, 2011 under Bankruptcy Law, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So there is no written agreement on anything?  Not even a lease agreement"  There is an assumption that if you signed the lease you signed on for the responsibilities associated with occupying the apartment, unless you can really show that you had not intent to use the electricity or the heat or the phone.  Hard I would think to show that.  So I would assume that the court would take judicial notice of your intent to pay for half of the bills for the use of the utilities, etc.  So pay what you think that you owe and no more.  If he sues you then he is going to have to prove that you owe him more.  That is his burden, not yours.  If there is no legal justification for the interest charge - no agrement - then that issue will most likely be dismissed.  Good luck. 


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