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03-15-2005, 02:50 PM
| | Junior Member | | Join Date: Jan 2005
Posts: 4
| | | Lost rent payment and uncooperative management company
VA.
The company that manages my apartment complex is taking me to court for a lost rent payment. I have a receipt that shows the payments was made and signed by the offce secretary. I have provided them several copies of this in an attempt to clear the matter up before our court date. They seem to not care. When I to court I have the receipt and a payment history from the last two years and the payment is not on there. These are both documents provided by the leasing office. Is this enough evidence to prove my case? Also, I have had four property managers in the last 12 months. If they try to claim the receipt is a fake, who does the burden of proof lie on?
One last thing since I have the supporting documents to prove my case and I have numerous emails showing that I tried to resolve this before wasting a whole bunch on mine and the courts time, do I have any basis for a countersuit?
Thank you. |
03-15-2005, 02:57 PM
| | Senior Member | | Join Date: Jun 2004 Location: "Harvey and Me"
Posts: 25,181
| | | Is the receipt you have the same as ones you were given the previous two years? Same form, same format etc.?
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Just because I'm a miserable human being doesn't mean I'm not right... |
03-15-2005, 03:02 PM
| | Junior Member | | Join Date: Jan 2005
Posts: 4
| | | yes. the same. |
03-15-2005, 03:12 PM
| | Senior Member | | Join Date: Dec 2004 Location: Wait a sec... I will look outside.
Posts: 5,951
| | | their copies
Also their receipt books... are they in number order? Its a usual process.
They will have to show their books, I surmise and if your numbered receipt is in the same time frame as other tenants... well ...
Only E-mails.. no other paper trail? (letters I mean... not your documents)
What would you be countersuing for?
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"Somebody ought to write a book about people sometime-- they're peculiar."
Sam Spade to Effie Perine.
Last edited by ENASNI; 03-15-2005 at 03:15 PM.
Reason: can't flippin spell today
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03-15-2005, 03:30 PM
| | Senior Member | | Join Date: Jun 2004 Location: "Harvey and Me"
Posts: 25,181
| | | Then countersue for legal fees, court costs and inconvenience of having to take a day off from work. You may not get it, but it will be fun.
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Just because I'm a miserable human being doesn't mean I'm not right... |
03-15-2005, 03:41 PM
| | Member | | Join Date: Sep 2004 Location: California
Posts: 56
| | | and since they are claiming the receipt is fake, take some of your prior receipts to show as proof that they are all the same. |
03-16-2005, 08:27 AM
| | Senior Member | | Join Date: Oct 2004 Location: Phoenix, AZ.
Posts: 2,456
| | | Take everything! You never know what you might need, and chances are that one thing you decided not to take is all of a sudden needed!
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Who's Liable? Chance are it's you!
A Money Order, or Bank Cashiers Check stub is NOT proof you paid rent. It's proof you purchased a Money Order or Bank Cashiers Check.
I am not a lawyer blah blah blah, This is an entertainment forum blah blah blah, basically I cannot be held liable!  | |
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