Anyone been to small claims court?

steamroller · August 2009

Ug.

So after a year-plus back and forth with my former landlord and going through a mediator with the attorney general, it appears that my only option for getting my security deposit back is small claims court.
My landlord doesn't contest that she owes me the money and we have worked out many generous installment plans. The problem is, she doesn't actually send the money. I am worried that even if I win in court, I still won't get the deposit back.

Has anyone else had to go through this? Any advice? Is it worth it, or should I just try to annoy it out of her myself with phone calls and e-mails?

[Deleted User] · August 2009

I'm sorry to say that I can't offer any sage advice. But I am glad that you asked... I'm going through the same process. I'm really looking forward to reading what people have to say about this. It's a pretty daunting process and I'm concerned that it's not worth the time and hassle. Good luck with your situation!

Boo to shi**y landlords...

eddie1 · August 2009

I did it. My landlord died after I lived in the same place for 10 years. Her alkie son showed up and moved in. After he kept pulling stupid shit (confrontations, singing with his friends at 3am, locking himself out and getting belligerent), I gave notice and did not renew.

He didn't pay.

I filed a claim. He showed up the first time and asked for a postponement with all kinds of bullshit stories as to why.

Second date came and he lied like a rug - making up crazy things...saying I flooded the place, punched holes in the wall, etc. I had been keeping a log with dates and times of conversations and copies of all notes to him. I pulled out the pictures of everything spotless when I moved out - floors, walls, fridge, etc. End of game.

We went in front of a mediator because if you go in front of a judge, it takes months to get a date. They strongly encourage you not to wait for a judge. Both sides have to agree to mediation - and if one side doesn't, they warn you the judge will not be impressed with that side.

So, I won in full and he had to pay within 30 days. I didn't think he was going to pay, but you receive a copy of the verdict (they don't tell you on the spot), case number and award amount. If he didn't pay within 30 days, I could call the sheriff's office and have him arrested.

I have to admit, I really would have loved to have him arrested....since he already had an arrest record, I think he finally smartened up and the check came in on time.

steamroller · August 2009

I just got the "So You Want to go to Small Claims Court" information booklet in the mail today.

I suppose I am going to have to bite the bullet and go get all Matlock on her.

Thanks for the helpful advice!
(and the moral support, I was feeling like a total bumpkin)

[Deleted User] · August 2009

give 'em hell steamroller! all the best and let us know how it goes!

Anyone been to small claims court?

Comments

Howdy, Stranger!

Categories