Re: ? for the lawyers here...
I dunno the small claims procedures in NV, but the thread's consensus is you have a case that can be won.The trick is getting the roommate to pay. It can be forced out of him, though maybe not immediately. I did it to a “businessman” who'd declared bankruptcy. The only thing that can stop you is his death (and mebbe that's not such a bad thing). Here’s how I did it:
I'd definitely advise you to pay the fees and invest the time required to settle this in court. (From my experience in another suit in CA,) this is what will/can happen—you’ll pay your court filing fees and they’ll give you a date to appear. You’ll be required to serve a 'summons to appear' on your former roommate. (It’s possible that a friend can do that; in my state, it was not a requirement that the sheriff’s department or other legal agency serve the summons. That can save ~$35—at least, that’s what it cost 15yr ago. Once your friend serves the paper, he signs an affidavit to that effect, which you take to court with you as proof that the roommate was served.)
Present your case and win it. The judge will say something like, "judgement to Mr. JVencius in the amount of XXX. Case closed.”
Whether or not the roommate shows up for this first court date is moot (my guy didn't). None of us expect him to pay. The court clerk will give you a document proving you’ve won the judgement (I think it was called an 'abstract of judgement’ but I don't remember for sure--that's just a WAG on my part, the "abstract of judgement".). The sumbiche has X number of days to pay; the judge will have determined this time period. When he doesn’t pay, you’ll have to file a second time for a court date. I can’t remember what it’s called but it’s basically a certification of judgement filed with the county clerk along with a declaration that payment hasn’t been received and that your roommate's presence is required in court again. (I know I didn’t have to serve a second subpoena. I can’t remember how notification to my guy, "Bruce SigSauer Expert" was handled.) At this second hearing, he will have to bring all financial records—all bank account statements (and property deeds, vehicle titles, etc. as I recall). When he's notified by the clerk he'll be told what to bring--don't worry about his end... the judge will fry him for not obeying if he doesn't. In my case, the defendant had sheltered all his monies in his wife’s name and declared bankruptcy. He brought bankruptcy papers along with his bank statements and a big smile for me. At the time, I couldn't touch him financially because of his proof of bankruptcy; I could have claimed his motorcycle and other vehicles and sold them (the judge gave me that option) but I declined, not wanting to hassle with any of it, especially since their actual condition and accumulative market value was unknown—whether you want to do that is up to you—I had advice and took a different tact. (I should mention that at this second hearing, I was allowed to ask *anything* I thought pertinent--SocSec, DL number, wife's SocSec and DL, mother and father's names and addresses and phone numbers, etc.--anything I might need to find my guy.)
After the second court session in which I attained proof of his documented bankruptcy, I filed with the county clerk <span style="font-style: italic">again</span>. This time it <span style="font-style: italic">was</span> called a ‘Certification of Judgement”. It is good for 10 years, and every 10 years it is renewable. It provides for all court-related costs—subpoena fees, filing fees, postage fees, plus the judgement itself to be paid “on demand” –that is, whenever you think he has money. If I recall, it took me 3 years and 8 months to get my money. In that time, the County assessed “interest” against the judgement. But it gives you the right to summon him to court (with all his financial records) whenever you think he's got money.
I "found out" “he had money” when he attempted to refinance his house. (By that time, I'd moved away. The entire transaction was done by mail on my end.) His name appeared along with his wife’s on the mortgage documents, naturally. He couldn't proceed with his new loan until he cleared the lien I had against him. That is to say, nobody would lend him money until his previous legal debts were cleared. (In my venue, the county clerk assessed 9% compounded interest and collected it for me when his mortgage company's credit check triggered a county response because the lien on file had been accessed. I had to wait 3-plus years, but my judgement + 9% compounded was well worth the wait [though maybe not the aggravation--but the satisfaction was exhilarating]. He *musta* been pissed at the thought that he not only got caught thinking the bankruptcy sheltered him, but he was assessed 'penalties', too. I dunno where one went to get 9% compound interest in 1986, but I didn't do anything except celebrate gleefully.)
You're "lucky" to benefit from the age of 'wired' information---I hadda walk all over the courthouse and local library for this back in the day...read up on it here:
Certificate of Judgement
Will somebody please explain to JVencius what an "abstract of judgement" is? I don't remember anything but the phrase, but I know I needed to know at the time.
