Discussions

In the summer of 2017 my ex-roommate ran out on the lease we were both signed on. I was given eviction-notice for non-payment of rent as I could not afford the entire cost on my own.  
 
I do not know this person''s current address and I need their address so that I can serve them. I would be claiming the lost security deposit/rent (whatever is legally appropriate as I''m not sure which I''m entitled to from this individual).  
 
I was told by a friend that I could call the sheriff''s office and they would be able to help me, but their secretary informed me that this is not the case.  
My friend''s premise was that the sheriffs office could look up the individuals driver''s license, but the sheriffs office said that they don''t even have anything to do with small claims or serving papers, and that they could not do that for me.  
 
What do I do? Is it too late to file with small claims? Is it possible to legally acquire their address? What do I do if they do not have a permanent address?  
 
P.S. I have looked them up using canada411 and whitepages websites and have found nothing.  
 
Edited by Jooker, 2018-01-17 11:57:28

I'd try the Manitoba rental board. They may be able to assist you better.

No-one will tell you anything. You have to hire someone to search for them.  
 
We had a Small Claims Court thread a few weeks back. You will spend a lot of money chasing money you will likely never collect.

TheScotsman said "No-one will tell you anything. You have to hire someone to search for them.     We had a Small Claims Court thread a few weeks back. You will spend a lot of money chasing money you will likely never collect. "

$50 filing fee for a $475 claim seems reasonable to me, hiring someone to find them being put aside.  
 
Edited by Jooker, 2018-01-17 12:15:18

All you have is a judgement. Then "you" have to collect.  
 
Hiring someone is going to cost you several hundred, I personally know someone who went through that.

http://www.manitobacourts.mb.ca/site/assets/files/1672/collecting_on_your_judgment_-_e_2015_clean-6.pdf  
 
It seems there are things dependant upon my action but it does not appear as if the courts would decide in my favour and then say "well it''s up to that individual to pay you now". That would be wildly absurd.  
 
I can imagine a private investigator would cost a great deal. Hoping there''s someone on these boards who knows more than what hearsay has been shared in previous threads (like a link or reference to a legal process that may assist me).  
 
If decided in my favour, the court fees will likely be awarded as well. So, I'm willing to pay for the process.  
 
Edited by Jooker, 2018-01-17 12:28:44

Its up to you to collect if you win. You can get money from their bank account or garnish their wages or put a lein on their property. Chances are slim on collecting if they have nothing and no job.

Pm me the name I may be able to help out with resources to track people down very easily

might help to give you some direction.

You may be able to find out where they work and could serve them there and use that address.

Sorry to say this but your (S.O.L) on this one. Take the high road and think of it as a hard lesson learned.  
You should have only paid your landlord your half of what was owed. Your landlord would have taken you and your ex roommate to rental board, they would have made a judgement. Maybe the judgement would have been in your favour, for the portion paid and a judgement against your ex roomie for the un paid owing. If the judgement was against you, you would have a legal case to go after your ex roomie. If you have paid everything owing on the rent I am guessing you don't have a signed contract between your roomie and your self as to what happens when one of you can not pay. So all you have right now is a gentleman's agreement and that's going to be a tough fight in court. Cut your loses now otherwise a lawyer and court fees going cost you and you know your ex roomie has no money. You maybe right on principle but your flogging a dead horse.

But what makes sense to me is if both signed a lease you should get your half back and the landlord should be the one having to go after the "ex roomate" as you did not break lease but don't take my word I have no idea how that all works. That's just what makes sense to me.

I sued my ex-brother-in-law after he borrowed thousands to buy my sister the engagement ring and never repaid a cent.  
 
I won the case, he admitted in court he owed me and never paid me. I was awarded the amount he borrowed (No costs, No fees, No interest, Nothing extra), but it was up to ME to get the money from him. The system does NOT enforce the judgement.  
 
The only option I was given was hire a collection agency. They were never able to collect. Cost me hundreds more in an attempt to get back what he admitted owing me and a court said was legally mine.  
 
To this day I have never received a dime.  
 
Suing in Canada is very different from what we see on Tv about suing in the U.S.  
 
Very Different!  
 
(That is why people go on Judge Judy & other “court” tv shows, they get paid (at least something) by the show, win or lose. Something is better than nothing.  
 
Edited by OutinBrandon, 2018-01-18 07:07:10