My Brother owes me $1,000

[michaelswaim]

My brother and i entered into a lease agreement back in March of 2008. The last month and a half we lived together I paid 100% of the rent, utilities etc. Now I would like to sue for the money I am owed. The evidence I have is as follows :
Lease agreement with both my name and my Brothers name (my brother Dan was supposed to sign but never did)
A copy of him and his wife releasing him off of their lease
A copy of a lease extension signed by my brother
A letter from my landlord stating that my brother was living at my apartment
A saved text message stating my brother was refusing to pay me.
A letter from my landlord stating my brother was staying in my apartment.



I need to know how i would prove that we had an arrangement that he would pay me half the rent. I'm pretty sure my brother would lie in court so i need proof. Would a witness be able to testify that they were aware of the arrangement and that my brother has not paid ?
Also this whole ordeal has caused me financial trouble, would i be able to sue for that as well?

 

[Michael Wechsler]

If your brother was on the lease agreement, than that is proof enough that a relationship existed that each of you were required to pay 50% of the lease amount. Why didn't he sign? That doesn't quite help you although the extension does. Since this is small claims court, read on why this itself is probably not fatal and you're likely to make your case if you've got all the other proof.

Has he ever paid you even one check? Any proof of payment shows even more evidence that an agreement existed. Did he have a copy of the keys? A letter from the landlord (it should be notarized) stating that your brother was living at the apartment might be usable in small claims court but you're better off having your landlord state something specifically, e.g. he had his own keys, I'd see him frequently entering the apartment several times a week, etc. and, even better, explaining why his name wasn't on the first lease and whether that was just an oversight because of a prior relationship. The saved text message will help. A witness in court will definitely help.

The bottom line - in a small matter like this it all comes down to credibility. Your brother can lie all he wants but most judges/arbitrators aren't stupid and aren't likely to help out a deadbeat any more than you'd expect. Bring as much evidence as you can and your witness (and landlord if you can.) Yes, I'd sue for the repercussions of his actions and see what I get but try to show a direct correlation with your brother's failure to pay with your damages.

After all this - we'll see whether "bro" even shows up in court... Best of luck to you.