Roomate kept security deposit

[spbeta]

Last August, my roomates and I moved out of an apartment because the lease was up. Because only one person's name was on the lease the landlord said he was required to send the entire deposit to that person. I was going to be out of town and asked another roomate to collect my part with his and give it to me when I returned. When I returned and asked about it he said I had to ask the roomate whose name was on the lease becuase he had not received my money. When I contacted the signer of the lease and asked him for my $250.00 he never returned my messages. I have the canceled check to prove that the money was paid to him, do I have a chance at winning if I take him to small claims court? Also, if I do can the summons be sent through the mail or does it have to be gien in person? We both live in the state of Pennsylvania, however he has since moved about 2 hours from here to attend school. His address is easily attainable from his parents. Thanks for any info you can provide.

 

[I AM ALWAYS LIABLE]

My response:

Yes, you have a very, very good chance of winning. File your Small Claims action immediately. Also, get proof from your former landlord that he did, in fact, issue a check to your roommate. Get a copy.

Have an "attorney service" serve the Complaint on your former roommate. Look in your Yellow Pages or contact a lawfirm in your area for a recommendation.

File your action in the town where you two had paid the deposit.

Good luck to you.

IAAL