Gblock;1122150 wrote:my bro is a lawyer and ive had him write a ton of "letters" to people over the years and ive never sued anyone. add that to the four million times ive told some business i was suing them or someone has said they would sue me...and not one has ever happend. emails dont even hold up all that well in court. i dont know if you were already living there when you said you would pay but i think you are underestimating your case
Two things: (1) I spend over 100 hours a year doing pro bono mediations in small claims court. The vast majority of those cases are landlord/tenant situations. I am 100% certain that people do sue over situations like this--I mediated a case almost exactly like this in December. Given that fact, and given the fact that she's a law student, and I would expect her to file suit.
(2) What do you mean, e-mails don't hold up well in court? Have you ever litigated a case? Here's how it holds up:
Atty: S&L, did you write this e-mail?
S&L: Yes.
Atty: Your Honor, I submit Exhibit FatChick-1.
Boom, e-mail is in and e-mail holds up. The alternative is to try to lie and say you didn't write it--but committing perjury is a terrible idea and illegal (do you want to risk going to jail for contempt over an e-mail?).
sleeper;1122172 wrote:Correct me if I'm wrong, but doesn't "filing suit" cost money? I think a lot of people threaten legal action for intimidation purposes but they have no intention of actually following through. If I go to small claims court, she still has to prove her case as well. It's just not a risk a rational person takes for a measly $365. I'm not hurting for money, but if someone filed suit or tried to take me to court over $365 I'd make sure they'd always remember to never F with people with money and time to burn.
It does cost money (say, $100 or so, depending on jurisdiction). And it absolutely isn't a risk a rational person takes. But you're not dealing with rational people. This is a law student who is certain of the facts, certain she will win (whether that's justified or not), and wanting to trumpet her new-found skills by sticking it to an out of towner. I've seen a lawsuit where parties paid thousands of dollars in attorney's fees to fight over a $60 pair of shoes. People, especially people who end up in small claims court, aren't generally rational, and betting on their rationality as a way to resolve the dispute is a tough way to go. Many of these people are fucking batshit crazy, period.
There's a difference between winning in court and having it be worthwhile to win it court. Lots of meritless claims get paid out because it isn't worth the hassle. It sucks, but victory and vindication cost extra. If you have time and money to burn, go for it (but roll the dice with the judge). Otherwise, be pissed at her, be angry that you got screwed, but realize your time and sanity are worth more than fighting over it.
