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Lost Deposit

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Hi. I live in Austin, Tx and in January a friend and I were going to get an apt. together. We found a place we both liked and had signed agreements to move in. B/c she did not have a check or cash on her, I agreed to pay for her deposit (385.00) with the verbal agreement that she would pay me back within two weeks. In February she was fired from her job. In March, I backed out of the lease agreement b/c she had not paid me back yet. It is now mid May and I have only received $50.00 frome her (5/4/01) I have documents showing that I paid for both deposits, and documents stating that she would pay me back in full by the end of February. She is no longer returning my calls or emails. I want to know, A - can I sue her? B-can I request interest to be paid on what she owes me? C- What are the processes and costs (for Austin, TX) to take her to small claims?


Senior Member
Q1) "can I sue her?"
A1) Yes.

Q2) "can I request interest to be paid on what she owes me?"
A2) Generally, no. You can only recover pre-trial interest when an agreement is in place that includes interest to be paid. As I read your post, this does NOT apply to your case.

Q3) "What are the processes and costs (for Austin, TX) to take her to small claims?"
A3) The best source for this information would be to look in the Government (blue) pages of your phone book under your county. Look for Justice of the Peace, then the one closest to where the apartment is located (for jurisdiction). Call them and ask if they will send you (or you can stop by and pick up) a Small Claims package. Here is an online link to Travis County JP Courts:

Also, I suggest that you stop by a large library or bookstore and get the latest (2000) printing of "How to Win in Small Claims Court in Texas". It is a good book with a lot of tips and help.


I will get right on it and let you know if I have any more questions. :)

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