Sued Landlord and got money owed back at the same day. Please help

[burkheart]

What is the name of your state? North Carolina

I sued my landlord for deducting $225 from the security deposit. I have been arguing for 54 days after the lease termination date. The day I go to court I it happens that this guy changes his mind and I find the $225 as a money order in my mailbox. What a bummer, if this guy had just responded to any of my letters or phone calls ...

Do you have any recommendation what to do now? After all I paid $85 for court cost and I filed a claim for money owed over $225 + court cost. I don't want to return the money order for $225.
Is it OK to deposit that money?
Is it OK to proceed with the same claim but simply over the amount of the court cost?
Do I need to anything right now or is the landlord the next one to make a move?

Thanks in advance, Thomas

 

[JETX]

Do you have any recommendation what to do now? After all I paid $85 for court cost and I filed a claim for money owed over $225 + court cost. I don't want to return the money order for $225.

Simple. Your choice:
1) Cash the money order and dismiss your lawsuit, or
2) Take the money order to court with you and argue that:
a) The payment proves the landlords liability, and
b) You also want your court costs PLUS any other 'damages' you can prove.

Is it OK to deposit that money?

Only if you want to accept it as settlement.

Is it OK to proceed with the same claim but simply over the amount of the court cost?

See above.

Do I need to anything right now or is the landlord the next one to make a move?

Yep. Show up in court and present your FULL claim, plus costs. Ask the court to offset by the $225 and award you the remainder.

 

[burkheart]

Just wanted to give an update on this situation in case anybody searches the forum for this dilemma:

I was at the small claims court today and the judge told me that the date the check was issued is what is to be considered the payment day and not the day of receipt (very weird!). So in my case the receipt was later than the filing, but the check issue date was earlier :-(

Nevertheless, the judge was nice enough to ask the other party to pay half of the court costs out of good will, because she can legally not order them to do so. The other party probably realizing some miskates on their side too did pay half of it. Not quite what I wanted, but at least not as disappointing as getting nothing.

Thanks, Thomas

 

[Ellerge]

Stupid judge

Another example of a stupid judge.