• I'm happy to introduce the Styleforum Happy Hour, our brand new podcast featuring lively discussion about menswear and the fashion industry. In the inaugural edition, a discussion of what's going on in retail today. Please check it out on the Journal. All episodes will be also be available soon on your favorite podcast platform.

  • Styleforum Gives - Holiday Charity Auction 8: Cuir de Russie card case from Equus Leather

    We are very proud to present this year's edition of the Styleforum Holiday Charity Auctions, this year in support of the Ronald McDonald House Charities of Spokane (www.rmhcspokane.org). Each Auction lasts 24 hours. Please follow and bid on all the auctions.

    The 8th auction is for a Cuir de Russie card case from Equus Leather. Please bid often and generously here

    Fok and the Styleforum Team.

  • STYLE. COMMUNITY. GREAT CLOTHING.

    Bored of counting likes on social networks? At Styleforum, you’ll find rousing discussions that go beyond strings of emojis.

    Click Here to join Styleforum's thousands of style enthusiasts today!

How do I sue someone in small claims court?

ms244

Senior Member
Joined
May 25, 2006
Messages
798
Reaction score
1
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

Distinguished Member
Joined
Nov 8, 2007
Messages
1,358
Reaction score
21
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

Senior Member
Joined
May 25, 2006
Messages
798
Reaction score
1
I have a receipt for the deposit, which is the only damages I'm claiming.
 
Joined
Jan 14, 2005
Messages
11,179
Reaction score
114
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.
 
Joined
Jan 14, 2005
Messages
11,179
Reaction score
114
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

Senior Member
Joined
May 25, 2006
Messages
798
Reaction score
1
Originally Posted by [email protected]
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

Distinguished Member
Joined
Nov 8, 2007
Messages
1,358
Reaction score
21
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

Senior Member
Joined
Feb 7, 2008
Messages
996
Reaction score
8
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

Distinguished Member
Joined
Apr 18, 2005
Messages
3,246
Reaction score
5
I like matt's suggestion.
 

Styleforum is proudly sponsored by

Featured Sponsor

How many pairs of shoes do you own?

  • 1 - 4

    Votes: 31 3.7%
  • 5 - 10

    Votes: 143 17.2%
  • 11 - 20

    Votes: 276 33.1%
  • 21 - 30

    Votes: 130 15.6%
  • 31 - 40

    Votes: 71 8.5%
  • 41 - 50

    Votes: 49 5.9%
  • 51 - 60

    Votes: 25 3.0%
  • 61 - 70

    Votes: 22 2.6%
  • 71 - 80

    Votes: 17 2.0%
  • 81 - 90

    Votes: 7 0.8%
  • 91 - 100

    Votes: 9 1.1%
  • 100+

    Votes: 53 6.4%

Related Threads

Forum statistics

Threads
429,199
Messages
9,229,909
Members
193,751
Latest member
mvagrippa
Top