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scammedagain

Junior Member
What is the name of your state (only U.S. law)? Kansas

Im going to court on July, 23. I'm sueing a rental company for my deposit back. The deposit was paid in cash and the receipt was written on a piece of paper by a third party. A lawyer has told me I can't lose if he takes the case to court. Another lawyer said the amount was to small and would cost to much in lawyers fees so I should take it to small claims. I am going to small claims next week. My case is a guaranteed win, unless the owner of the company shows up and totally denies the whole thing. Then its just our word against his I think??? Could someone tell me? His only defense is to deny that we ever gave him any money, so that has to be what he intends to do. What do I do when that happens?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Kansas

Im going to court on July, 23. I'm sueing a rental company for my deposit back. The deposit was paid in cash and the receipt was written on a piece of paper by a third party. A lawyer has told me I can't lose if he takes the case to court. Another lawyer said the amount was to small and would cost to much in lawyers fees so I should take it to small claims. I am going to small claims next week. My case is a guaranteed win, unless the owner of the company shows up and totally denies the whole thing. Then its just our word against his I think??? Could someone tell me? His only defense is to deny that we ever gave him any money, so that has to be what he intends to do. What do I do when that happens?
The crystal ball is out of order.
 

scammedagain

Junior Member
Serious replies only please!

I am being very serious. My family of 9 has been homeless for 3 months. My wife had received her first paycheck and this guy took it and kept it. I want to know what happens if he denys it. Please only reply if you can help me.
 

Antigone*

Senior Member
I am being very serious. My family of 9 has been homeless for 3 months. My wife had received her first paycheck and this guy took it and kept it. I want to know what happens if he denys it. Please only reply if you can help me.
Seriously pal, no one can tell you what will happen if he denys your claim. Only the judge can make that decision. Best possible outcome ~ you get your money. Worst possible outcome ~ you don't. End of story.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Kansas

Im going to court on July, 23. I'm sueing a rental company for my deposit back. The deposit was paid in cash and the receipt was written on a piece of paper by a third party. A lawyer has told me I can't lose if he takes the case to court. Another lawyer said the amount was to small and would cost to much in lawyers fees so I should take it to small claims. I am going to small claims next week. My case is a guaranteed win, unless the owner of the company shows up and totally denies the whole thing. Then its just our word against his I think??? Could someone tell me? His only defense is to deny that we ever gave him any money, so that has to be what he intends to do. What do I do when that happens?
So, a 3rd party would mean somebody who is NOT a representative of the rental company. If that's the case, then it sounds like you don't really have a receipt.

Just something to think about...


Also, even if you win, you would have to collect. Don't hang your collective family hat on this case.
 

Antigone*

Senior Member
Friend,

No one here can tell you whether you will win or lose. As for me being as idiot, I was not the one who gave some mysterious third party my hard earned money.
 
Last edited by a moderator:

Jesort415

Member
This sounds like one of those scams where the person claims to be out of the country and has the keys with them but you are free to see the outside of the property then if you like it give a deposit to a third person who will forward it to the owner. If this sounds fimilar, then you have been scammed and sadly the owner is not responsible (unless he is in on it and you can prove it). I hate to say this but prepare that you could lose in court.

If you have emails, phone records, dealing directly with the owner take them with you but if you only dealt with this third party then again be prepared to lose in court.

I can't say how your case will turn out but a former co-worker ended up scammed and was out of luck and 1000.00.
 

sandyclaus

Senior Member
As the Boy Scouts say, Be Prepared!

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

Im going to court on July, 23. I'm sueing a rental company for my deposit back. The deposit was paid in cash and the receipt was written on a piece of paper by a third party. A lawyer has told me I can't lose if he takes the case to court. Another lawyer said the amount was to small and would cost to much in lawyers fees so I should take it to small claims. I am going to small claims next week. My case is a guaranteed win, unless the owner of the company shows up and totally denies the whole thing. Then its just our word against his I think??? Could someone tell me? His only defense is to deny that we ever gave him any money, so that has to be what he intends to do. What do I do when that happens?
Assume that the rental company is going to deny having received the money, as this would be the logical defense that they could win with.

That being said, who is this "third party" who issued you the receipt? How is it that they were involved in the transaction? Are they employed by the rental company, or just an unrelated observer? My best suggestion is to subpoena that person to have them come to court as a witness to explain why they issued the receipt. Then your evidence would better support your case.

Will you win? The 8-ball says, "I can't say for sure, check back later".
 

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