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bad SMALL CLAIMS court day -EVIL Landlord!- What next?

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WyldRice

Junior Member
What is the name of your state? MN

Model tennants, and part of our neighborhood crime watch, we (girlfriend and i) paid $63,000+ in rent over 7 years, never late!

we were only suing landlord for not returning our deposits on time,
we gave a written intent to move letter 80 days prior to end of lease... had it signed by management!
we did the final walk thru a week early, and moved out to help get the apt ready for new tennants.


after 3 phone calls and 2 office visits of trying to get it, the deposit checks showed up-but only $300 each check
she had spelled our names wrong, and the checks had no interest on them, and she predated them, to look like they were sent on time.

the penalty in our state for not returning it within 21 days was :
"Double" deposit and interest. and $200 each deposit for punitive.

our initial deposit was $300 Each + $40 interest x2(because late) = $680 Each deposit
$1360 total with both so far...
+ $200 Punitive Each deposit= $400
we should get $1760 + $60 court fees = $1820.
(minus the two $300 checks she gave us late without interest)
$1220 is what i was going to ask the court for.
---------------------
i had all my things in order! Today was the BIG DAY!
i practiced, looked nice, and knew what i was supposed to do...

just before court, in mediation, i showed the landlord my figures...
she said, "i'll cut you a check for $200 on monday to drop this now!"
i said no thanks and we went back into the courtroom!

i was nervouse and stuttered a little, and was very shakey... the girlfriend didn't say 1 word (except "I Swear.")

in the MN GOV website they have help files of video's, showing how to do your own small claims court cases.

i followed the guide- i gave the judge the important dates, and gave her my evidence:

Evidance-
Original - post dated Envelope that contained "Pre-dated" checks
Copies - of checks.
Original - intent to vacate letter
.

ok- the judge asked the landlords side...
she said "the owner recently died, and his widow is having troublke keeping up with everything, as soon as i found out it was a problem, we tried to fix it. i tried to give them their deposit back, but he came to my office and was very upset and said mean things about me more than once, he even asked for triple his deposit! now to be fair, i just offered him double the interest in mediation, and he wouldn't take it!":confused:

as i was thinking, "What the... ??? we have been more than nice to her, and never a problem! We just want what's coming to us!"

the Judge said "I'll give you my judgement tonight, POUND! You may leave the courtroom, next case!"
:eek:

as i'm RELUCTANTLY walking out ...WAIT A SECOND? -she smears our name, and i dont get a rebutal? :mad:
on the video's it shows the other party saying whatever, than CLOSING statements...

There was none of that? and i don't know if the Judge even knows the law penalty's for this case-
Should i have given her the Statutes?
:(

i didn't feel the need to get into the gory details of how the landlord did this to our friends and coworkers
(They never got their deposits back, so we thought we were covering our butts by having everything signed and in order)
we even moved out early- and paid an extra months rent, so we could get out of the hood sooner.
(it was the site of the "Craigslist Murderer! and many Heroin/meth O.D.'s)
:(

so if the judgement comes, (and its not -say, at least $800...)
and i want to go back and fight her for the full amount,
(also, so i can get all the gorey, stupid details of this lady doing this to others, and CLEAR MY NAME!)

How would i go about doing that? is there a link?

I may need to get all my evidance that the Judge kept! (Especially The Originals!)
Will that be available to me? or Court transcripts. to prove this lady is a slumlord!

??? HELP!!!!What is the name of your state?
 


seniorjudge

Senior Member
If you won, then there's no reason for a rebuttal.

If you did not ask for the statutory penalties, you won't get them.
 

WyldRice

Junior Member
hmmm.... i Kind of Asked ???

:confused: why didn't they tell me this in ANY of the help links i went through?
i did give the sheet with our figures, showing that penalty it is SUPPOSED be doubled
but i didn't know that i should put the statutes in there... or i would have.

like i say, i had them on hand,
but only got 1 chance to speak!
:mad:

---UPDATE--- JUDGEMENT in our favor for $740.

escentially- what we were asking, MINUS the punitive damadges :confused:

OK,
now if the LANDLORD files for an apeal Could i get the court transcripts somehow?
and is it admissable as new evidence?
 
Last edited:

seniorjudge

Senior Member
:confused: why didn't they tell me this in ANY of the help links i went through?
i did give the sheet with our figures, showing that penalty it is SUPPOSED be doubled
but i didn't know that i should put the statutes in there... or i would have.

like i say, i had them on hand,
but only got 1 chance to speak!
:mad:

---UPDATE--- JUDGEMENT in our favor for $740.

escentially- what we were asking, MINUS the punitive damadges :confused:

OK,
now if the LANDLORD files for an apeal Could i get the court transcripts somehow?
and is it admissable as new evidence?

I don't know how small claims works in you r state.

GENERALLY there is no record in the first small claims case and GENERALLY punitive damages are not allowed.

But what I think you are talking about may be STATUTORY damages.

Some states allow a small claims trial de novo which is fancy lawyer talk for starting all over as if the first trial did not happen. It is not an appeal.

Anyway, do some more research.
 

WyldRice

Junior Member
good advice, thanks again! ;)
hopefully she'll just pay up, and i can forget about all this...

if not, i'll do some more searching! :cool:
God Bless!
 

WyldRice

Junior Member
good advice, thanks again! ;)
hopefully she'll just pay up, and i can forget about all this...
:mad: she never paid...
she missed the payment deadline on dec 23rd... then the appeal date of dec 26th...
i called on the 27th- "Did you send payment, just wondering?"
she replied "No, actually i'm just going to forward this to our attorneys..."
:p LOL -STUPID Slumlord!-

we had to go to Distric Court, get our Judgement "Transcribed" ($70 added to her bill!)
-created a lein, in case they sell real estate! ...and i guess gave a bad mark on her creit score! ;)

Served her again... Gave her last warning and 10 more days to pay or respond... No Responce! No Check... :cool:

So, i had to take the Writ of Execution to another county's sheriff's dept. Their bank is located in another city!
(HEADACHE!- Running around alot! another $75 added to her bill!) :(

Tuesday the Sheriffs Dept said they FROZE their Business Bank ACCOUNT!
:D

next post should be in about 21 days... reading-
"Sherrif's office sent me a check for $900+!" but i'm not counting my chickens before they hatch!

Without this forum, i would have had a lot more trouble, Thanks Everyone!
 

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