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Thread: Can I sue this asshole?

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    Senior Member robotron's Avatar
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    Default Can I sue this asshole?

    When I was 16 I got into my first serious relationship and it was one that completely destroyed my life and sense of self worth until I finally left him. My dad was abusive so I ran away with my boyfriend to work at his family's carnival at 16 and got pregnant at 17 (he was 20.) Soon after we drove his shitty breaking down car from MI to FL and somehow convinced my dad to loan us money so we could get an apartment (I was 17...a couple months from 18 when I signed the lease with him.) At this point he was pushing me down, threatening me, punching me, kicking, restraining me so I couldn't call police, etc, but as soon as we moved into that apartment things got worse. After a few months I couldn't take it anymore-the violence, breaking into doors when I'd try to hide, choking me and otherwise risking the babies safety, cheating, drinking, him ditching me at home for friends, so I moved in with my grandma several states away. The lease was still effective, and after a month he followed me to texas. We ended up owing over 3k.

    It seems the whole thing is off his credit now because he paid his half, but I still owe 1.5k. My car is broken down, I'm fighting him for custody so I still need a lawyer, and have so many other things to pay for right now. I'm living in a vacation rental (no credit check) because I have bad rental history, but my lease is up next month and I don't know if I can find a decent place when I have bad rental history...

    I was wondering if I could sue him and win for the money I owe on the apartment. He has two domestic violence charges involving me that he's still on probation for (I got back with him after Florida)...I know I'm an idiot. He also has a couple other violent crimes on his record. I don't have proof other than that. Thanks!

  2. #2
    Senior Member robotron's Avatar
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    Default Re: Can I sue this asshole?

    Incase it matters, the domestic violence cases he was charged with were from about 2 years later.

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    Featured Member Laurisa's Avatar
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    Default Re: Can I sue this asshole?

    I live in Michigan so if the incident happened in MI I could give you specific advice.

    In Florida laws may be different. However, generally if you sign a lease or credit application with someone as a co-applicant or co-signer you are both equally responsible for the debt. The other person's lack of payment does not relinquish you from paying their half. You are also responsible for property damage.

    Now, most states have laws protecting tenants from unsafe living conditions. An apartment that has been damaged by water, fire, natural disasters, or uncontrollable insect infestation is usually a reason to break your lease and win in court. If someone is stalking you/there are repeated break ins/thefts/serious DOCUMENTED crime making your home unsafe you can generally try to leave/go to court and explain to the judge why the lease is null and void. The home is supposed to be safe for you to live in. If it is by no fault of the landlord then you may still have to pay. Do you have well documented evidence of his abuse? Police reports, video, witness statements with first hand knowledge (they saw it themselves) of what he has done to you? You may still have to pay the landlord this money, but you could possible sue him for emotional distress and so forth. Each state has specific laws. Military service is usually an allowable exemption from completing a lease term, or at least suspending payment for active duty.

    If you have those domestic violence charges he was convicted of you may have a case, maybe. Lots of couples get into nasty disputes but it's so common that the courts don't often take the level of danger seriously. Also if you leave the state the landlord will have little recourse. It is very hard to obtain judgment across state lines (for child support and custody too) so it's unlikely they will be able to garnish your wages or anything like that if you do get forced to pay and can't.

    I'd talk to a lawyer. You should get a free consultation if you make a phone call and they will tell you what to do.

    In short, yes, you can try to sue him for emotional damages and his half of the debt. But if you owe 3k for example the judge may only find he owes you $1,500 plus legal fees and any emotional damages awarded to you.

    Florida legal advice on tenants/landlord relationships:
    http://www.800helpfla.com/landlord_text.html
    http://www.evict.com/?page=articles_3
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    Default Re: Can I sue this asshole?

    I'm so sorry you went through all of this! I went through something sorta similar not long ago. I know how hard and fucked up things can be/get. You're sooooooo strong for leaving!!!

    You really have to talk to a lawyer though, hon. As anyone would tell you, it's totally irresponsible to give legal advice over the internet.
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    Default Re: Can I sue this asshole?

    Any words of encouragement you get here will be valuable, but legal advice I would disregard.

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    Featured Member Laurisa's Avatar
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    Default Re: Can I sue this asshole?

    I told her to contact an attorney but I explained what her options might be. That's all. I wasn't giving her specific legal advice, just general legal information. There's a difference between facts and specific advice. I said she could "try" to sue him, but you can sue someone for anything--whether the case goes through is the challenge.
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    Default Re: Can I sue this asshole?

    Some states allow you to break a lease to escape domestic violence.

    http://thelaw.tv/naplesfortmyers/Lan...t+Law/LAN-1052

    There is a variety of ways to legally break a lease. The easiest ways to find out what these conditions are is to look at the lease itself. Sometimes the lease provides provisions that allow a tenant to break the lease. Many states also provide other legal ways to break a lease. If the tenant is a senior citizen and needs to go into a senior home, he or she is often able to break the lease. If the tenant is a victim of domestic violence, he or she is often allowed to break the lease to go into a shelter. In addition, if the landlord breaks any of the terms of the lease, the tenant no longer has any obligations under the lease.

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    Default Re: Can I sue this asshole?

    There are lawyers that will do pro bono work for victims of domestic violence. Here's a site with more information:

    http://www.probono.net/dv/

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    Default Re: Can I sue this asshole?

    ^ This is helpful -- it's best to start thinking in terms of picking up the pieces yourself. You'll need a lawyer for the custody battle if nothing else.

    The short answer to "Can I sue this asshole?" is maybe, but the real question you want answered is, "Can I collect?" The answer there is probably no.

    It's not clear to me how he would "owe" you money you haven't paid yet on a lease that may not even be valid or enforceable against you.

    You could (theoretically) hire a lawyer (with money you are short on right now), try to track your ex down either in TX or elsewhere, file on the grounds that you were a minor, get a judgment, then try to collect from Mr. Carnival.

    This will take money, time, patience and luck. Your expiring lease, broken-down car, and "so many things to pay for," means that you have don't have the money or the time right now.

    And that leaves aside the point that the lease contract may simply be invalid with respect to you anyway, or at least unenforceable in any practical way.

    Honestly, I would focus on getting legal assistance to find reliable housing and an income to set up your case for custody. Your child is the first priority, obviously. The last thing in the world you want to be doing right now is chasing down ancient debts through long-shot lawsuits that will take forever against a broke-ass guy without a penny to his name.
    Last edited by All Good Things; 04-11-2012 at 08:34 PM.

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    Default Re: Can I sue this asshole?

    Quote Originally Posted by Laurisa View Post
    I told her to contact an attorney but I explained what her options might be. That's all. I wasn't giving her specific legal advice, just general legal information. There's a difference between facts and specific advice. I said she could "try" to sue him, but you can sue someone for anything--whether the case goes through is the challenge.
    I don't recall anyone jumping on you or saying you did anything wrong, or calling you out for any other behaviour.
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    Default Re: Can I sue this asshole?

    Quote Originally Posted by All Good Things View Post
    ^

    The short answer to "Can I sue this asshole?" is maybe, but the real question you want answered is, "Can I collect?" The answer there is probably no.


    You could (theoretically) hire a lawyer (with money you are short on right now), try to track your ex down either in TX or elsewhere, file on the grounds that you were a minor, get a judgment, then try to collect from Mr. Carnival.

    This will take money, time, patience and luck. Your expiring lease, broken-down car, and "so many things to pay for," means that you have don't have the money or the time right now.

    And that leaves aside the point that the lease contract may simply be invalid with respect to you anyway, or at least unenforceable in any practical way.

    Honestly, I would focus on getting legal assistance to find reliable housing and an income to set up your case for custody. Your child is the first priority, obviously. The last thing in the world you want to be doing right now is chasing down ancient debts through long-shot lawsuits that will take forever against a broke-ass guy without a penny to his name.
    Actually the questions should be something like: Can I recover? What is the likelihood of collecting?

    Another question might be whether a lawyer would bother taking a $1,500 case, that is not a simple suit on an account.

    How do you, and he for that matter, expect to finance the child custody litigation.

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