Security Deposit Withheld in Bad Faith

[frodolass]

San Mateo, California

I have filed a claim against my former landlord for a withheld security deposit. After a week of being out of the property, we met with him in person, unable to reach him by phone. In person he had agreed that he had nothing to complain about how we left things and said he would give us the money, but did not give us anything, not even a list of deductions with the 21 day period allotted.

After 2 months of calling him, he tries to tell us he doesn't owe us anything and says that we in fact owed him for damages we didn't do. I took the case to court after serving him at his residence via substituted service, and I won the judgement when he did not show up to trail. Now he has filed a motion to vacate judgement on the grounds that he was not served as he was not living at that residence, even though we confirmed that the person we served the papers to was living with him, by her own words. I have to show up again to contest this and possibly have another trail.

This man has told me over the phone when he initially contacted my in retaliation to my promise to take him to small claims that he intends to drag this out forever (to paraphrase his actual words), that he has been to small claims many times and that I would be wasting my time. He has also threatened to countersue "if" we filed this claim. I am certain he intends to appeal many times and may never pay us even if we win.

How do I proceed? Is there any way to settle this more quickly outside of a settlement?

 

[Banned_Princess]

San Mateo, California

I have filed a claim against my former landlord for a withheld security deposit. After a week of being out of the property, we met with him in person, unable to reach him by phone. In person he had agreed that he had nothing to complain about how we left things and said he would give us the money, but did not give us anything, not even a list of deductions with the 21 day period allotted.

After 2 months of calling him, he tries to tell us he doesn't owe us anything and says that we in fact owed him for damages we didn't do. I took the case to court after serving him at his residence via substituted service, and I won the judgement when he did not show up to trail. Now he has filed a motion to vacate judgement on the grounds that he was not served as he was not living at that residence, even though we confirmed that the person we served the papers to was living with him, by her own words. I have to show up again to contest this and possibly have another trail.

This man has told me over the phone when he initially contacted my in retaliation to my promise to take him to small claims that he intends to drag this out forever (to paraphrase his actual words), that he has been to small claims many times and that I would be wasting my time. He has also threatened to countersue "if" we filed this claim. I am certain he intends to appeal many times and may never pay us even if we win.

How do I proceed? Is there any way to settle this more quickly outside of a settlement?

Don't let him mess with you, he cant "drag it on forever" and hopefully you are committed to getting your judgment. Because then you can go on forever if need be.

Luckily you will show up to his appeal, you can prove he was served, or you can have the hearing you meant to have in the first place, then what, is he going to appeal on? he cant appeal just because he doesn't like the verdict, it has to be because the judge didn't follow the law in some way. or request a jury trial. thats always a option.

CA is a double (or triple) your deposit state, so don't forget to add that to the complaint.