What is the name of your state? Michigan
Hello, I'm uncertain if I'm posting on the right forum, but, here goes my question. Please redirect me if I'm on the wrong forum.
November, 2003, I asked my then landlord if he would give me my security deposit check early so I could give it to my pending landlord. I also requested that he make the check out to my new landlord. He agreed to that. December 1, 2003, he gave me a check made out to me. I called my new landlord and mentioned that the check was made out to me, she said "not a problem, I'll stamp the back with my business stamp."
A year later I moved from that residence. Thirty days later that landlord sent me a partial refund of my security deposit. One of the many reasons (she included a detailed list of charges) she said she didn't return all of my security deposit is she is saying I didn't pay it all. But I did. I gave her my security deposit from my former landlord ($750) plus I made monthly payments to her from December, 2003, to June, 2004. (she and I signed a promissary note when we signed the lease) I have all of those cancelled checks, however, I don't have the cancelled check from the landlord prior to her.
I'm taking her to small claims court to get my remaining security deposit back. The court date is Monday, January 31, 2005. I originally sent my other landlord a letter asking if he would give me a copy of the bank issued security deposit check. He never responded. So, I had him served a subpoena.
Today, I recieved a letter from him in the mail. The letter was worded as the following:
"I contacted my attorney after recieving your subpoena. He advised me that it would not be inapproriate of me to ask you for $16 for the subpoena serving, and an addtional $10 to get a copy of the cancelled check you requested of me. When I recieve a certified check for $26 I will then make the copy of the check you requested. In which you can either pick up the copy or I can mail it to you."
Ok, my questions are: One, isn't this something like black mail? And two, is this legal for him to do? What do I need to do, if there is something I can do. Do I bring the letter to court on Monday?
Thanks in advance for your help!
Mary
Hello, I'm uncertain if I'm posting on the right forum, but, here goes my question. Please redirect me if I'm on the wrong forum.
November, 2003, I asked my then landlord if he would give me my security deposit check early so I could give it to my pending landlord. I also requested that he make the check out to my new landlord. He agreed to that. December 1, 2003, he gave me a check made out to me. I called my new landlord and mentioned that the check was made out to me, she said "not a problem, I'll stamp the back with my business stamp."
A year later I moved from that residence. Thirty days later that landlord sent me a partial refund of my security deposit. One of the many reasons (she included a detailed list of charges) she said she didn't return all of my security deposit is she is saying I didn't pay it all. But I did. I gave her my security deposit from my former landlord ($750) plus I made monthly payments to her from December, 2003, to June, 2004. (she and I signed a promissary note when we signed the lease) I have all of those cancelled checks, however, I don't have the cancelled check from the landlord prior to her.
I'm taking her to small claims court to get my remaining security deposit back. The court date is Monday, January 31, 2005. I originally sent my other landlord a letter asking if he would give me a copy of the bank issued security deposit check. He never responded. So, I had him served a subpoena.
Today, I recieved a letter from him in the mail. The letter was worded as the following:
"I contacted my attorney after recieving your subpoena. He advised me that it would not be inapproriate of me to ask you for $16 for the subpoena serving, and an addtional $10 to get a copy of the cancelled check you requested of me. When I recieve a certified check for $26 I will then make the copy of the check you requested. In which you can either pick up the copy or I can mail it to you."
Ok, my questions are: One, isn't this something like black mail? And two, is this legal for him to do? What do I need to do, if there is something I can do. Do I bring the letter to court on Monday?
Thanks in advance for your help!
Mary
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