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Property manager owes us money, need help with small claims court filing

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quincy

Senior Member
Because of the difficulty you seem to be having, you might be at the point where you need an attorney in your area to assist you. See if there is a legal aid clinic nearby that offers free or low cost help.
 


zoelee

Active Member
Oh - the e-filing system rejected it. That doesn't necessarily mean what you did wasn't valid - just that it wasn't acceptable for e-filing.
It's actually the clerk who rejected it. But she couldn't tell me what went wrong since she has no visibility into the e-filing system. Help at the e-filing side cannot tell me why either. Talking about collaboration and team work.
 

quincy

Senior Member
It's actually the clerk who rejected it. But she couldn't tell me what went wrong since she has no visibility into the e-filing system. Help at the e-filing side cannot tell me why either. Talking about collaboration and team work.
You really should sit down with a low cost/free attorney in your area. A small claims action should not be this difficult. :)
 

zoelee

Active Member
Because of the difficulty you seem to be having, you might be at the point where you need an attorney in your area to assist you. See if there is a legal aid clinic nearby that offers free or low cost help.
I tried texas law help but the volunteer cannot give legal advice. Does legal aid clinic only take low income customers? Seems to be the case for a couple of other legal help sites. I think I'll try filing in the county his properties are located. Since he seems to be already in there system.
 

quincy

Senior Member
I tried texas law help but the volunteer cannot give legal advice. Does legal aid clinic only take low income customers? Seems to be the case for a couple of other legal help sites. I think I'll try filing in the county his properties are located. Since he seems to be already in there system.
Legal aid clinics can have income limits, yes.

Before you refile, make sure you are able to serve him.

Good luck.
 

zoelee

Active Member
I googled and found a case against him in two counties. Both cases use the address I found. So now I'm pretty sure that's his address.

Now if I file in the county where he's lost a case before, will that in any way affect the judgement of my case?
 

PayrollHRGuy

Senior Member
I googled and found a case against him in two counties. Both cases use the address I found. So now I'm pretty sure that's his address.

Now if I file in the county where he's lost a case before, will that in any way affect the judgement of my case?
Nope.
 

Dandy Don

Senior Member
Have you begun to ask tenants for a copy of their rent payments (cancelled check or copy of a cashed money order)?
Or a copy of their rent receipt (if they paid in cash?
 

quincy

Senior Member
I googled and found a case against him in two counties. Both cases use the address I found. So now I'm pretty sure that's his address.

Now if I file in the county where he's lost a case before, will that in any way affect the judgement of my case?
You seem to be on the right track. Good luck.
 

zoelee

Active Member
Because of the difficulty you seem to be having, you might be at the point where you need an attorney in your area to assist you. See if there is a legal aid clinic nearby that offers free or low cost help.
Quincy, Zigner, and everyone else who's provided valuable feedback here, I got some new development and need some advice:

I finally had the paper served to the defendant (he avoided service, my server has filed for alternative service). Last week my tenant contacted me and sent me pictures of her deposit payments. She stated that she paid two month rent as the security deposit.

I trusted her from my interaction with her previously. But the leasing contract and the check I received from the seller all say her security deposit is one month. The seller is unreachable so I cannot verify from that venue. My guess is, the PM did this behind the seller's back.

With that said, what should I do with my case? Should I add her extra deposit to the amount, and listed her as a subpoena, or as a plaintiff?

The check and money order of hers had no mark of "security deposit". Can they be used as evidence to prove her statement?

Thanks guys as usual.
 

quincy

Senior Member
Quincy, Zigner, and everyone else who's provided valuable feedback here, I got some new development and need some advice:

I finally had the paper served to the defendant (he avoided service, my server has filed for alternative service). Last week my tenant contacted me and sent me pictures of her deposit payments. She stated that she paid two month rent as the security deposit.

I trusted her from my interaction with her previously. But the leasing contract and the check I received from the seller all say her security deposit is one month. The seller is unreachable so I cannot verify from that venue. My guess is, the PM did this behind the seller's back.

With that said, what should I do with my case? Should I add her extra deposit to the amount, and listed her as a subpoena, or as a plaintiff?

The check and money order of hers had no mark of "security deposit". Can they be used as evidence to prove her statement?

Thanks guys as usual.
Has the tenant sued you for return of the extra amount collected by your former property manager as a security deposit? You will want to hold onto everything as it relates to that tenant for if/when you are sued - and you can use these same documents to support your claim against the property manager.

Has a date been set yet for a hearing on your small claims lawsuit against the property manager?
 

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