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06-03-2008, 01:14 PM
| | Junior Member | | Join Date: Apr 2006
Posts: 10
| | | Small Claims Question
What is the name of your state? Colorado
Ok. So 88 days after my move out date, and 7 days after the receipt of my demand letter, Landlord followed up with a collections notice for more than our deposit and no photos or receipts of charges/damages.
So my question is, do I send another demand letter stating that we will go to Small Claims or do I just file my claim? or both?
Thanks in advance!
Last edited by rubyrhea; 06-03-2008 at 01:14 PM.
Reason: add
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06-03-2008, 01:21 PM
| | Senior Member | | Join Date: May 2001 Location: Central VA
Posts: 2,341
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File and expect a counter claim for the amount they claim you owe. They can show receipts, photos and have workmen in court to prove their case.
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CPM * 40 years of property management experience
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06-03-2008, 01:26 PM
| | Junior Member | | Join Date: Apr 2006
Posts: 10
| | | Understood, but it's 88 days after the fact and 28 days after his 60 day window. I'm not worried that I'll lose, but am just wondering about next steps.
So I should not worry about sending him an intent to file, but just file the claim? |
06-03-2008, 06:11 PM
| | Junior Member | | Join Date: Apr 2006
Posts: 10
| | | Included the 7 days notice in demand letter I sent last week was my first attempt to give an attempt to file a claim. He followed with a collections notice to me for damages. So I'll file a claim.
Thanks for all of your help. This has totally put my mind at ease!
Last edited by rubyrhea; 06-03-2008 at 06:15 PM.
Reason: add info.
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06-04-2008, 11:37 AM
| | Junior Member | | Join Date: Apr 2006
Posts: 10
| | | Thanks for your help. I will let you know what happens. But I have one more question:
Do you think there is anyway, assuming I do win, that LL can come back and sue me for damages? |
06-04-2008, 12:04 PM
| | Member | | Join Date: Apr 2008
Posts: 610
| | | While none of us have a crystal ball, one could guess he might since he's already indicated a collection for damages.
Gail |
06-04-2008, 12:27 PM
| | Member | | Join Date: Jan 2008
Posts: 165
| | | Did you leave a valid forwarding address?
If I understand your post, you received a collection notice which is typically the step following the accounting of the security deposit. I would ask the landlord for proof that an accounting was done in the proper time frame prior to filing a suit. |
06-04-2008, 12:30 PM
| | Junior Member | | Join Date: Apr 2006
Posts: 10
| | | He only sent me the collections notice after I sent the demand letter. There were no receipts or pictures of his claim (which I received 88 days after we moved out) and the property in question was sold prior to him making these allegations. I have a feeling that he'll try to sue later for damages to property value. |
06-04-2008, 02:02 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 10,996
| | | He can counter sue once you file, but once the suit is settled (whether he counter sues or not), I don't believe he can bring any further action for the same situation. | |
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