First Time Ever

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cappysweetie
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Okay, so I have this court case I have to go fight today -- thats if you can call it that, actually I think I'm just being sued by my ex-roommate -- for $ 450 dollars ...

Its Small Claims kind of stuff but I've never been taken to court before, so I'm trying to prepare what it is I'm going to say, if I actually need to do that. I've been told whats going to happen and I have support or whatever but its still like, "OMG, he is so not taking me to court OMG really—"

Anyway, here are a few questions:


1. If I was never on any lease agreement, that means I can't be hold accountable for any extra fees, right?

2. If I paid my rent before leaving and I was told by the office that all I needed to do was turn in my keys and anything else that belonged to the apartment, then I am okay, right?

3. If he never got anything in writing saying that I would 'help him buy out of the lease' then he can't be forced to pay an extra amount of rent, right?

4. If the lease agreement was changed in anyway without anyone notifying me, then my ex-roomate is responsible for that, right?

5. If I've given the office notice in a document that I would be leaving after paying my last month's rent, then I did what I needed to do in order to leave right?

6. If my ex-roommate lied about the fact that I needed to pay extra because I needed to help him break the lease, should that be brought up in court? I only ask this because I found out from the office that he wasn't breaking the lease, just moving to another apartment, the lease was still valid -- he never told me this, only the office

7. The documentation he has is that I agreed to be a cohabitant but he was the main lease holder and that I was no where on the lease, could that be held against him or me or both of us?

8.Main Question Other then that cohabitant document that he created on MS Word, am I held responsible for paying an extra $ 450 dollars if I never agreed to it in writing and if he never broke the lease in the first place.
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Posted by girl_in_black
7. The documentation he has is that I agreed to be a cohabitant but he was the main lease holder and that I was no where on the lease, could that be held against him or me or both of us?


I think it depends on the circumstances. If he has financial difficulties, and like I said - you verbally agreed that you??d help out, then that can be held agains you.



If he has those issues, then there his problems. He should have told me that instead of trying to scam me out of money. Plus, he shouldn't have lied about how much money he made/ job profession. And he shouldn't have moved into an apartment way out of his pay range. Its not my fault if I made more money then him, its his fault that he allowed me to believe he made more money then he actually was making.


UGH! I just want to get this over lol!
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Posted by girl_in_black
I'm not sure tough, but I??d look into those possibilities. Idk your situation, but just because it says something on a paper doesn't mean that you are free of extra responsibilities. It depends on the circumstances as I said.



Oh right! I know that. I checked with the office and went over everything before I decided to start packing. I was just so confusing when the leasing office is telling you one thing and your roommate is telling you something different and telling you to not talk to anyone in the office -- to only talk to him and no one else.

Its a long story girl_in_black but don't worry I won't get into it 😉 Its way too long and I'm way too over it all ready but this guy just won't go away.

I'm slapping stalking charges against him too, he needs to stay away from me.
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Posted by girl_in_black
Posted by cappysweetie
hmmm okay ... well, he'll just have to prove that I said it in court. I'll see what I can do about that. Thanks for the heads up 🙂 I've been told by like everyone that verbal agreements mean nothing if its not in writing. That could be true too, but I will just prepare myself just in case the judge will ask me. I think I know what to say to that one ^_^.




You should ask someone with more knowledge then me though, because it was a long time ago sense I studied civil law, so I could definitely be wrong.
click to expand




Its cool 🙂 I have to get out of here anyway. I have more things do before I go ... this should be very interesting, to say the least.

Anyway, thanks for the imput.
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Posted by brianafay
Verbal agreements don't hold up in court. Because the judge will ask you...did you agree? You will say no, of course.
The judge will tell him he's SOL.



I hope so briana, the whole thing has been the pits. I changed my number, blocking on every other outlet, I've purposely not been home as much to avoid the guy and now I have to go to court .... its too bad he works at one of the places I applied for transfer -- it sucks that he was able to look my info up and find where my parents live ...

I didn't like that. And sending stuff to my home from the college like I ordered something there and needed to pick it up -- why would I order something through a college anyway? Not to mension I don't even go there, I go to another university. He was just trying to get me to come there but I didn't fall for it.

Pain in the ass
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Posted by girl_in_black
On a more general note: Who would sue someone for $ 450 dollars?? Even I who am poor as can be would never do that.. I??d rather work like an idiot for an extra month then sue someone for that little amount of money. Some people are unnecessarely mean!



He's a cusp like me with a capricorn moon .........

So yeah, he's a douche

haha, you know you are like the nth person to say that.
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Posted by brianafay
Haha he sounds lame.

If you were still living there and he came across financial difficulties, it might be your responsibility to help out - like cover the difference in rent so you don't get evicted. But you gave notice, and left.



That was the thing -- he didn't want me to leave. After he kept saying that he would try to just work something out with the landlord, I just made every excuse I could to get out of there.

And then thats when things went from bad to worse. Turns out the lease I agreed to wasn't even valid .... the expiration date was Feb 28, 2010 (like I said months ago) OMG, he tells me that it had been changed a while ago but never told me. I got pissed so after I came home from school and he was out somewhere, I went to the office and the assistant tells me that the expiration date was changed from Feb 28 to May 31, 2010 :O!!!!!!!

OMG, I wish ButterCup and cappywench were here, they would flip ... May 31, 2010 was the last day at the previous place I was staying -- like that was the last day of my last at my other apartment before moving in with him.

After I found that out, it made since why he kept asking, "When is you last day" referring to my old apartment.

Then the assistant tells me that he didn't start paying rent until may, but he supposely moved in much early .... I paid my portion of rent, although I didn't move in until May 31st ... If he didn't have to start paying until THAT day, where in the hell did my money go if there was no rent for him to pay until I got there ...

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Ok, let me see if I can actually make sense of what happened monday -- because I'm still a bit stumped so forgive me ..

Alright, keep in mind I prepared myself to face a judge and I was suppose to plead my side and so on and so forth -- you know, like I was told and like I thought it was suppose to happen.

I guess because I've never had to deal with the law -- I only studied it in a law class I took, I don't really know what goes on.

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My mom wanted to go with me for moral support -- I didn't want her too because I knew things would probably come out in the courtroom and I didn't want her to hear all of that.

As I signed in and I gave my papers, I stood waiting to be called -- I saw my ex-roommate but I didn't want to look at him at all.

When he and I were both called, we were taking to this room -- my heart was racing a bit because I knew all of this was for real and I was getting ready to face a judge over 450 bucks that I was being sued over --I didn't know what to expect, would he look at us both like we were stupid or what? If I were the judge (especially since I'm a capricorn) I sure would have.

Anyway, the room that we were taking to wasn't a room to prepare for trial ..... it was a Court Mediation session :/ :/ :/ Okay, that law class I took was in high school so maybe things have changed

...but I've never heard of this before -- has anyone else on here heard of Court Mediation—

Seriously, everyone I've spoken to about the trial (people wanted to know b/c friends/family didn't understand why he was being such a jerk by taking me to court over this anyhow).

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So in "Court Mediation" *la la la*

This lady sits down with the both of us, she was going to grab a chair for my mother, but because the ex-roommate is the Plaintiff, she had to ask him could she stay first. Of course, he said no, she had to wait outside the room -- which made my mom furious (^_^.) but I told her it was okay and that I will see her mean this is over.

Basically, to make this short, the judge that the Sappie-Cap guy (ex-roomie) and I were suppose to see that afternoon decided to send the case to 'Court Mediation' because the judge and a few other judges that helped make the decision thought that the disagreement over $ 450 dollars could be settled out of court instead. The mediator told us that didn't understand why this came to his court room to begin with and that something like that should be settled in 'Court Mediation'.

If neither one of us were able to agree on anything then are case would be taken back to the judge and a court date would be set. HOWEVER (this is what I didn't know):

1. I didn't know that he and I would have to get our own lawyers .. I thought you didn't need lawyers in Small Claims Court

2. I didn't know there would be a jury there either .. I thought in Small Claims Court, the main people were the Plaintiff, the Defendant, and the Judge.

3. I didn't know that when 'Court Mediation' was over, anything agreed upon would have to be taken to court if I didn't want to pay -- which means that if he bought down the amount to $ 350, and I didn't agree, he and I would be going to court over $ 350 dollars!!! Now, if he decided to increase the amount to like $ 950 and I didn't agree, I would be going to court over $ 950 dollars.

So basically, in that mediation session, it indirectly forces you to come to an agreement or else things can go from bad to worse or from good to better -- depending on which has the better story.



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Now, this dude here OMG ... of course the Mediator let him speak first because he was the Plantiff. OMG, he put on a show, yes he did ^_^. If no one knew anybody, and was watching a T.V. drama, I swear anyone would've thought that I was suing HIM

He put on this big emotional display about how he and were friends before this past March and how sad it was that the only way he could get in touch with me was in court. He also said that he should ask her a higher amount of money because I wasn't aware of what he had to pay for after I left -----------> OMG, news flash, I wasn't on the lease, so why should I be bothered with what he had to pay for— He choose to stay in an apartment that was way out of his price range, I didn't make him do that, so why am I responsible again

After I told him I refused to pay the 450 dollars and I would definitely refuse to pay anything higher than that, then thats when the "REAL" guy came out and started saying that the landlord was a big time business man in that area we lived in and that he could totally win if we went to trial.

lol, I focused on the "if" because I thought it was interesting -- I asked, "So, what do you mean "if"? So you have papers served to me and now you're saying "if". You were the one that bought me here."

Anyway, after he made his point, the Mediator then asked me to give my side and I did, however, I didn't get as emotional as he did.

I was just straightforward with what I had as evidence, and about the trickery he pulled with the lease. He threaten that he had text messages that proved he told me the new date, I countered by saying that I have every text message from exactly one year ago and I had emails and voicemails that he left me proving that he kept me in the dark about all things concerning the lease until I decided to move out.

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Then the Mediator asked why I cut off all communication with him after I left -- this is where things got a little crazy but I had to say why I did it ...

I told her that there were things I found out about him and that I didn't know before moving in. I continued to say that what I found out was offensive to my character and I didn't want anymore contact with him thereafter. I also said that I asked the office if I need to pay him anything else after paying the $ 450 and I was told no. Also, I left 2 copies of my 30-day notice with the leasing agent and that one copy was suppose to go in my file and the other was suppose to go to him -- I didn't trust given him both copies of my 30-day notice because he didn't want me to move in the first place :/

He did alot of lying too, which I expected, he would get all whiny mean I would counter him on what he was saying -- at this point the mediator had to ask were we both a couple AND I SAID NOO and he didn't too, but I wanted to make that very clear so there wasn't any more craziness what was present.

Anyway, I guess the Mediator looked at the both of us like we were out of our minds -- I don't know, I can tell when someone thinks something's odd.

After we both had our back-and-forth points about our side of the story, the Mediator said that she will leave the room and let us work things out. She said that from what she just saw for the last 15 minutes, was just two friends (yeah okay :/) fighting over something that didn't need to involve the courts. Before she stepped out of the room, she told us that we were both wrong in a way .... she wasn't suppose to give her opinion but she wanted to break rank and did so.

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Saggie-Cap ex-roomie: was wrong for making $ 450 dollars a court issue in the first place, and the fact that morally, I was obligated to offer more money then just my potion of the last's month's rent I paid, but legally, I wasn't on the lease so I was free to walk, it wasn't legally bound to stay. Morally, sure but legally no, she said, "you can't make her pay for rent if she's already paid, but it would have been fair for her to give extra if thats what she wanted to do"


Me: I was wrong for cutting off all communication given the circumstances. Although (she pointed it) "you have proof that you did all you need to do before moving, it was not nice to just stop all forms of communication with someone that you've been friends with for 4 years. Can you blame him for wanting to get tough with someone that was suppose to be his friend".

"You are a nice girl, I can tell and you seem like a decent guy. I will give you about 3 minutes to iron this out then we have to make some decisions" She walked out (at that point I felt like I was in elementary school)

He began by asking what wasn't that I now know about him and I told him that I will not get personal, this is strictly about the money and I have been told to work it out.

He started making these threats and I grew tired of all the bullshit .. seriously, it was hot in that room and I was worry to go, because I knew either way, if we didn't agree on something, it was going to trial, I was ready to be done.

I told him, "I'm not paying the $ 450 and if you decide to go higher and we go to court, do you really believe that you will win against me. By going higher, you will show the judge that this its personal because you initially sued me for $ 450. If you lose, I can counter sue you for all the money I paid during the time I rented from you because I never got confirmation as to whether or not it was used for rent and I wasn't on the lease to begin with"

We were both silent, then I said, "You were willing to lower, to how much"

He says, " $ 400", I say no. He says, " $ 375" and I said, "might it $ 350 like you said when the mediator was in here and we are done with all of this." He agreed to $ 350

When the Mediator came back, she really seemed happy that we agreed on something. We signed papers, and then he got up and he started shaking my hand. Without looking at me, he said thank you and left out of the room quickly.

Yep, thats yet. This coming friday, I will pay him $ 350 and its all
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Sorry for how long that was -- I guess I couldn't make it short.

Actually, I'm glad I could choose when to pay him because he wanted to money right then hahahaha, I told him that he wasn't going to get it right then. I'm glad finally something was in my control because the mediator told him that I should be given more time and that given it at that very moment is not the way the courts work, and that he would have to give me time.


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Posted by justSophs
He sounds like a bitter ex....lol

Btw...the $ 450 to him might be about the situation and teaching you a lesson rather than the money itself. When people break up they fight about the stupidest crap.

Have fun!




You know what, I'm not gonna lie -- it felt as if he was a bitter ex boyfriend. Seriously, it just felt like he was being a dick because we're not together anymore BUT WE WERE NEVER EVER TOGETHER LIKE THAT EVER :O

I was his friend and his roommate, THAT'S IT!

But ... it felt like that.

I guess it didn't help any when he said, "You know, its not even about the money. Its about what she decided to do to me"

OMG ...
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Posted by buttercupSG
i see you are going to court today...

your questions should be consulted with an attorney to be absolutely sure. some will give free half a hour consultation or charge like $ 250+ an hour but i see that it's only for $ 450 and it's today so it's kinda late for that... you probably have talked to one already.

just be respectful to the judge, be as prepared as possible with organized evidence and explanations.




"am I held responsible for paying an extra $ 450 dollars if I never agreed to it in writing and if he never broke the lease in the first place."

i guess you can say you never agree to it in writing however if i were the judge i'd ask you does that mean you agreed verbally. be prepared for that question just in case.

you can certainly mention that your roommate is not breaking the lease according to leasing office and show proof. if you cannot show proof and your roommate denies i'm not sure who the judge will believe.

sorry i'm in a rush. not helpful 😢.

i'll keep my fingers crossed for you. BEST OF LUCK sweetie. i hope justice prevails 🙂.



Thank you ButterCup 😄!!! *hugs* If you were running late, you couldn've waited to answer me. Read what I wrote, it tells all that happened and yeah, it was all very odd and unexpected.
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Posted by Shaka_laka_boomboom

I wouldnt mind being thrown in jail for bringing a sword into the courtroom just to chop that freaking asshole's head off 😄

Go cappysweetie, we're all rooting for you 🙂



lol, okay warrior. Thanks, yeah he was being a jerk. It just proved that he only did that just to get my attention. I only agreed to settle because I can't afford to go back to court and over something like this? Is it worth it? I really didn't think so and I still don't think so.

However, he would've dragged it out just to prove a point. I couldn't done the same thing but over something 'important', not for some ego boost.

Insecere ass SOB, I would feel bad for him if he wasn't such a dick/douche
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Posted by sunnyrambi
hey cs...soooo glad it's over with for you...and look at it this way... $ 350 is a cheap way to get that nutter outta your business and life...
but that mediator scolding you for cutting off communication? do what? waaaay outta line for them to say that. jesus. like you owed that jackhole anything after all the nasty lowdown trash he brought into your life via being his room mate.
glad it's over girly! 😉 good job!



lol, I agree but if you were there and saw the 'emotional' play he put on, you would probably get it. Because he had the chance to speak first, he made me look like the biggiest meanie ever :/

So she saw my side of it all, but she felt bad for him. Yeah, I agree with you but whatever.
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Posted by Dynamite Parfait
Wow, what a nasty and creepy little prick!

pardon my francais.........

:/



Oh well, now he's TRULY out of your life, Cappysweetie.

And you're definitely better off for it.



Not yet, I don't make my $ 350 'settlement' until the end of this week.

But thank you anyway 🙂

I'm gonna run now, theres a tornado warning going on I guess so I need to get food and such before it gets bad lol
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Posted by sunnyrambi
yea...the mediation thing is pure b.s. it's just another way for lawyers to make more $ $ as most mediators ARE lawyers. and the courts came up with it under the guise of keeping their dockets from piling up.
a lot of courts are requiring parties to go to mediation PRIOR to a jury trial...why? because in my state for instance...the mediators charge a MINIMUM of $ 175/hour. nice eh? and either the parties have to pay or here you can sign a pauper's affidavit and the STATE has to pay the mediator on your behalf. either way...for the mediators...it's a win/win situation.



SEE, thats what I figured. I felt like there was something with her lol. More than likely she was a lawyer.

She didn't charge use thank goodness, although my ex-roommate had to pay a fee for something or whatever. I didn't have to because I was the defendant.

And that's how I felt about the whole mediation thing -- BS, but I am glad it was over. I didn't let many people know but I was kinda nervous because I didn't know what do expect when I came :/
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Posted by buttercupSG
yeah i'm happy to hear that it's over with for you... i agree with you and sunnyrambi that " $ 350 is a cheap way to get that nutter outta your business and life"... that's definitely the smart way to deal with it but i know i sometimes don't go with the smartest path because i have this stupid thing about justice lol. to be honest, seeing that the mediator bought into his "emotional" play i'd likely deliver my emotional side of the story also and i'd make sure i do it better than him with watery eyes and everything lol. but that's not the most logical thing to do lol.

anyway yeah sweetie you did well 🙂.




See SG, it took so much will for me not to do that too! I wanted to go into so many details, I soooooo wanted to get all bullshitie like he was getting. But at the same time, I came prepared for a trial, I was NOT prepare to sit in a room with him and I have to talk to have face-to-face again like things were 'normal but not really'. Admittedly, I wasn't prepared for that.

Maybe its a good thing I wasn't prepared, you know?
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Posted by cappysweetie
Posted by justSophs
He sounds like a bitter ex....lol

Btw...the $ 450 to him might be about the situation and teaching you a lesson rather than the money itself. When people break up they fight about the stupidest crap.

Have fun!




You know what, I'm not gonna lie -- it felt as if he was a bitter ex boyfriend. Seriously, it just felt like he was being a dick because we're not together anymore BUT WE WERE NEVER EVER TOGETHER LIKE THAT EVER :O

I was his friend and his roommate, THAT'S IT!

But ... it felt like that.

I guess it didn't help any when he said, "You know, its not even about the money. Its about what she decided to do to me"

OMG ...
click to expand






Ha! You annswered on my Bday! I was uber wasted that whole weekend...lol.

But anyways...yeah seem like he probably expected more from you. Like some nookie.....lol
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Oh man, sorry you had to go through all that mess cappysweetie! He sounds like a complete douche and manipulator! Uuuuuggghh!!!
That mediator sounds like she was way out of line saying thzt to you as well. I know that everything is going to mediation nowadays and when you sign contracts you will see that it will say that you have to agree to go through mediation if there are any legal problems rather than court.
I can't believe you had to give that scumbag anything but at least he will be out of your life!
New start and new players (I don't mean bad ones..like playas...lol) girl and I hope all is well after this for you!
🙂
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Posted by justSophs
Posted by cappysweetie
Posted by justSophs
He sounds like a bitter ex....lol

Btw...the $ 450 to him might be about the situation and teaching you a lesson rather than the money itself. When people break up they fight about the stupidest crap.

Have fun!




You know what, I'm not gonna lie -- it felt as if he was a bitter ex boyfriend. Seriously, it just felt like he was being a dick because we're not together anymore BUT WE WERE NEVER EVER TOGETHER LIKE THAT EVER :O

I was his friend and his roommate, THAT'S IT!

But ... it felt like that.

I guess it didn't help any when he said, "You know, its not even about the money. Its about what she decided to do to me"

OMG ...





Ha! You annswered on my Bday! I was uber wasted that whole weekend...lol.

But anyways...yeah seem like he probably expected more from you. Like some nookie.....lol
click to expand




Oh wow! Happy belated birthday then 😄

Yeah, last friday, I gave him the 350 now hopefully its all over, if I ever see that guy again, it would be too soon.
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Posted by Stpatrickspisces
Oh man, sorry you had to go through all that mess cappysweetie! He sounds like a complete douche and manipulator! Uuuuuggghh!!!
That mediator sounds like she was way out of line saying thzt to you as well. I know that everything is going to mediation nowadays and when you sign contracts you will see that it will say that you have to agree to go through mediation if there are any legal problems rather than court.
I can't believe you had to give that scumbag anything but at least he will be out of your life!
New start and new players (I don't mean bad ones..like playas...lol) girl and I hope all is well after this for you!
🙂



Yeah, after this I'm ready to start with many things new. And you're not the only one who thinks the mediator was a bit out of line -- some say she may have known him and that he probably requested her to be our mediator, he does no a few higher ups in that city we were in.

Oh well, at least I didn't have to pay $ 450 🙂, I told him it would be $ 350 and he took it.

Actually, if you were around in the beginning, it would seem as if I'm whining but no, its been alot of drama with this so-called "friend"/ roommate of mine. Seriously, if I knew he was going to be this much trouble, there's no way in hell I wouldn't considered doing him a 'favor' by moving in with him because his cousin quickly changed his mind -- holy hell, I see why his cousin decided NOT to move in with him. The man's a narcissist in a big way, along with being incredibly spoiled ): ... I'm just amazed he was able to hide it from me ... or maybe I was able to see things I wouldn't normally apy attention to by living with him.

I don't know, he said that after me he didn't want another roommate, I guess that makes sense too, he doesn't want anyway else knowing what I know or else they may stop dealing with him too.

Anyway, thank you ^_^.