Landlord not paying security deposit

[rsdodo]

What is the name of your state (only U.S. law)? Indiana.

I have moved out from my old house on April 19 th 2010. I have $250 as my deposit and property manager told me that she filed the inspection of the house in May 2010. In my leasing it says it takes about 60 days to refund deposit. Now it's been 6 months. I have contacted with property manager several times, everytime she told me it is out of her hands, she has filed to the management company and at the end I got the phone number of management company. I have called them 20 times and left them tons of messages but no response in last 4 months.
I would like to filed this to small claims court and also request the court fees of $120 with the deposit+interest if possible. I have no idea how to start , with a aletter of demand or court? If I go with court what and how should
I need to file for requesting the security deposit +court fees+interest(if possible)?

thanks,

 

[Gail in Georgia]

First, familiarize yourself with the landlord tenant laws in Indiana regarding the return of a security deposit...the time frame it should have been returned, what a tenant is entitled to should management/landlord fail to provide this:

Indiana Code 32-31-3

Skip writing any letters to management and go directly to filing in small claims court. You file for the full security deposit; the person who wins the judgement typically has court costs (i.e., filing fees) added to this judgement.

Generally the place to file is with the Clerk of Court. Many states allow this to be done online.

There is nothing in the landlord/tenant statute law in Indiana that includes interest and with only $250 in question any interest lost would be quite minimal using todays average rate of (with luck) 1%.

Gail