What should I do about a debt that is owed but no evidence to prove it except witness statements?

Question by : What should I do about a debt that is owed but no evidence to prove it except witness statements?
My girlfriend had a roomate a year ago there was never any papers signed just verbal agreements about splitting the bills. The ex roomate owes her still but we have no proof only me and my girlfriend knowing about how much she owes, is that enough to sue her in small claims court? Also I was not there when they agreed I moved in about a month before she moved out but I have had several conversations with her about when she is gonna pay. Would it be legal to record her on my Itouch in my girlfriends home and ask her when is she gonna pay us, do I need the roomates consent even though its a private reidence? Or Will our 2 witness statements be enough to win a small claims court case? Also she has stuff in the attic from over a year ago is it illegal to not give it back until she pays us or should we just give it to her? She wants us to get it from the attic, we want her to get it and we don’t want any of her friends and family in our house is that too much to ask? All this started a month ago when she needed a place to stay for a month she volunteered 100 for staying here but 2 weeks in, even after cashing her last check she did not pay or help what so ever around the house she had to be told to help out. I confronted her and she said she would pay, after another 2 weeks she still did not pay and I warned her in 2 days if she didn’t give us something, 10, 20 anything she would have to leave she then went to my girlfriend and said she would give 50 the next day 2days later I kicked her out for not paying at all. Please help me with your opinions on the matter by the way I’m in Nevada.

Best answer:

Answer by Nick
Well this is a little bit of a mess your in. Papers and signed documents are the fool proof way to win in court. But now a days a verbal agreement is as good as documentation especially if there were two witnesses to the verbal agreement. Also it is not illegal to record a conversation of a verbal agreement without her knowing. If she confesses to not paying it and saying she will pay X amount of money that is the same as a Signature i believe. visual and audio is the best way to go. You will have to go to small clams court to see how it all actually plays out. most likely you would win.

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One Response

  1. oneeye Says:

    Have your witnesses write and sign their statements. Present the statements to the Judge in a small claims court. Good luck.

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