Massachusetts security deposit issue

Mass law states that if you give the Landlord a security deposit, he must put it in a seperate intrest bearing account and notify you of the location, account #, and name on the account within 30 days. If the landlord does not do this then he must return your security deposit immediatly. Our landlord never did this. I have been renting for 1 1/2 years. I just found out about this law. So after a letter of demand, with a response that he would not give us back the deposit, I have decided to take him to small claims court. In our town the max amount you can file for in small claims court is $2000. An attorney that I spoke to told me that I would be entitled to 3 times the amount of the deposit. But, I don't know whether I should put $820 on the claim or 3 times that -- $2460. Would I put $820 and then the judge would make the decision to give me more? or would I put $2460 even though the limit is $2000? Or do I give up on the small claim and take it to a higher court or use an attorney?

Confused and irritated. That's definetly me. Anyone have any ideas on how small claims courts work with that?

I'd go for the maximum allowed in small claims. The difference will be eaten up in attorney fees and court costs if you go to a higher court for the full amount so you have nothing to gain. Perhaps the judge will award you the full amount anyway, but not likely.

I am not an attorney. I was once a police reserve though. Yah, it's true. I got to drive around in the police car and turn the sirens on anytime I wanted to. Sometimes people even thought I was a real copper. (True story.) I even got to drive the squad to a fire, really really fast. I missed the damn turn so I had to back up really fast into oncoming traffic. What a rush. (I say these things to be funny for the benefit of those of you who aren't familiar. Most stories are not true. This one happens to be but without the all childish drama.) heeheehee

[HomeGuru]

Go for max.