How do I sue someone in small claims court?

[ms244]

SF seems like an appropriate place for legal advice.

In August I moved out of my old place to a new apartment which I shared with another person. I'm currently on the job market so I wanted somewhere where I didn't have to sign a lease, and therefore could move with little notice.

So I found a suitable place on Craigslist and moved in.

Paid $445 deposit cash and got a receipt. Paid on the beginning of August and September in cash too, but didn't ask for a receipt (yea, I know).

Friday morning the landlord calls and asks if I knew about an eviction since the rent it back due by two months.

After the obvious reaction, turns out that he was back due when I signed

Now the whole situation was real shady. He worked for a local phone company in the beginning of August, and then took a break. He didn't come back to work after labor day, which seemed very strange.

He is also a recovering alcoholic and began to host AA meetings there on the weekends

The land lady was really nice and introduced me to another person in the complex who needed a roommate so I am out of that mess.

Now my question is, can I sue him for my deposit? He is already being sued for back rent by the landlord.
I would like to (assuming he doesn't come up with it this week), file a small claims court suit.
I've never done that so perhaps someone can help me out here.

Also, I was wondering if I can file criminal charges for pocketing my money?

 

[Orsini]

Originally Posted by ms244

SF seems like an appropriate place for legal advice...
I expect you can sue, but not having receipts or canceled checks will not be helpful...

 

[ms244]

I have a receipt for the deposit, which is the only damages I'm claiming.

 

[Matt]

go back to the apartment and take the TV.

Given that the landlady is suing him too, and that she has contracts and so on (while you don't have receipts), you are going to get told to stand in line behind her (and whoever else he owes money too).

It also doesn't sound like he has a whole lot to give, so, for all the pain, suffering and headfuck that is the small claims court, to then be told you will be getting twelve dollars per month for the next three and a half years is not worth the trouble.

Stealing the TV is about as good as you are going to do.

 

[Matt]

Originally Posted by ms244

I have a receipt for the deposit, which is the only damages I'm claiming.
ya, but it's his word against yours as to whether you paid the rent...he can very easily just say 'he still hasnt paid me for September so I am holding the deposit..." or "yes, but we have 150 in electricity bills, 200 in internet bills......so I am holding the deposit until all outstanding bills from his time here are finalised"

 

[ms244]

Originally Posted by m@T

ya, but it's his word against yours as to whether you paid the rent...he can very easily just say 'he still hasnt paid me for September so I am holding the deposit..." or "yes, but we have 150 in electricity bills, 200 in internet bills......so I am holding the deposit until all outstanding bills from his time here are finalised"

Interesting point.....

 

[Orsini]

Originally Posted by ms244

I have a receipt for the deposit, which is the only damages I'm claiming.
Well, that is better then. Possibly you have a chance. Maybe you could get on one of those courtroom TV shows. I understand that even if you loose your case, you get some money.

 

[DeadDJ]

Since it's small claims -
1. Seek out free legal advice in your city. If there are any law schools around there's likely a free legal clinic. Simmer, they're supervised by lawyers.
2. Check your state law. There are generalities but always check your state.
3. Criminal charges probably aren't worth the hassle even if available.

 

[Edward Appleby]

I like matt's suggestion.