Small Claims Court Procedure

[joe645]

I live Las Vegas, NV and am filing suit in Small Claims against the owner of a property and her manager/agent. I sent a demand letter certified addressed to the owner in c/o the manager/agent at the agents address. That certified letter was accepted. I sent another certified mail specifically to the agent at his address but that certified letter was refused. Can I still go forward with my case?

 

[Zigner]

I live Las Vegas, NV and am filing suit in Small Claims against the owner of a property and her manager/agent. I sent a demand letter certified addressed to the owner in c/o the manager/agent at the agents address. That certified letter was accepted. I sent another certified mail specifically to the agent at his address but that certified letter was refused. Can I still go forward with my case?

Why are you suing the agent?

ETA: Is there a reason you didn't include this in one of your other various threads about the same subject-matter?

 

[joe645]

Yes, he actually collects the rent (townhouse) and manages the property for his daughter (owner). I used to manage the property but resigned and sent the final property invoices to the new agent who was supposed to send money in return from the next month's rent collection. For some personal reason he chose not to. I have signed affidavits to defend my case as well as paid invoices.

 

[BL]

He who? the LL or management. You should be OK ( maybe) by the expectance of the LL, although managers ofter go to court ,you should know this. Whe the managers certified comes back to you ,do not open it, but keep it to show the Judge . The Judge should open it to see your attempts.

Q? though , if you still lived on the property ,and resigned ,why do you believe your are owed money ?

 

[joe645]

I should have been more clear in the beginning. Story: I managed the townhouse property for the owner for 5 months. Did not live in townhouse. I just collected rent, paid bills, and authorized repairs if necessary. The owner was living with my grandson at the time. Their relationship went sour and I decided to vacate the managers job for reasons too obvious to list. Her father took over the position, as he had been prior to my being the manager. The tenant's reported a dryer problem which I paid for from the remaining funds. Unfortunately, that created a deficit balance as well as the remaining 2 water utility bills. I sent these invoices along with the account ledger and paperwork to the new manager with the understanding that he would pay the negative balance (verified by text messages). He developed a negative attitude towards my grandson because he was personally paying the rent on an apartment that they shared together. He refused to pay the negative balance using this personal reason. That is why I am suing him for the negative $196.00 balance.

 

[BL]

Sounds like a fishing day, without no catches. Really/

Be straight up. Hook .line. And sinker.

 

[joe645]

BL: I'm sorry but I don't understand you reply code?

 

[quincy]

joe645, it is the owner who owes you the money, not the property agent/manager, so it is the owner you need to sue.

Two notes:

One is that it helps the members of this forum if you keep all related questions to one thread, joe645.

Two is an apology to BL for reviving the old thread in the Real Estate section of the forum. I am still not quite sure how I managed to find it. I wasn't playing in the archives or anything. It was an interesting thread, though, wasn't it?

 

[BL]

joe645, it is the owner who owes you the money, not the property agent/manager, so it is the owner you need to sue.

Two notes:

One is that it helps the members of this forum if you keep all related questions to one thread, joe645.

Two is an apology to BL for reviving the old thread in the Real Estate section of the forum. I am still not quite sure how I managed to find it. I wasn't playing in the archives or anything. It was an interesting thread, though, wasn't it?

No problem
quincy. I happen to start reading interesting threads often, Just to find out they are outdated. No apology necessary.

We long timers know ..

 

[BL]

BL: I'm sorry but I don't understand you reply code?

The owner was living with my grandson at the time. Their relationship went sour and I decided to vacate the managers job for reasons too obvious to list

There is nothing obvious to me , just sounds fishy.

 

[joe645]

Okay, let's just forget the personal side of this matter and focus on the business side. I realize that the owner is the person responsible for the property by the letter of the law. But let's look at it this way. Her father, the manager, receives the income from the rent and pays the bills. The bills he did not pay are the ones I am suing for. I sent 2 certified letters; one addressed to the owner in c/o father at his address (her last known address) which was signed for by relative. The second sent specifically to the father/manager at the same address was refused. Both demand letters were addressed to the manager. If the case goes forward, I suspect no one will show up for the defense. I win they lose.

 

[joe645]

I have been told that "text" messages can be used in court as evidence. Problem is that authentic records can only be obtained with a subpoena from a legal entity. How can this be done after small claims case is filed?

 

[quincy]

Here is a link from the Legal Aid Center of Southern Nevada that has information you might find helpful:

http://www.civillawselfhelpcenter.org/self-help/small-claims

I recommend you explore the site - and it could help you to take advantage of the free classes offered on small claims actions.

You say you sent certified "demand letters" to the owner and the manager, which indicates you have not filed suit yet.

If the demand letters you sent have not worked to get you the money you feel is owing, it appears your next step is to file the small claims action. Although you can name as defendants both the owner of the property and the property manager, it is the owner of the property who owes you money. You can attach your text messages and any other exhibits to your complaint, if you think they will assist you in your case, or you can wait to present your evidence in court.

Prepare your complaint(s) as outlined in the link above and serve the complaint(s) on the defendant(s).

Again, the link above walks you through the process and tells you what you need to do. I suggest you take the free classes. Good luck.

 

[joe645]

Granted the owner owes the money. In this case, she would have to direct the manager to pay the bills out of the receipts or income from the property . . . correct?

 

[I'mTheFather]

Granted the owner owes the money. In this case, she would have to direct the manager to pay the bills out of the receipts or income from the property . . . correct?

With this question, are you trying to convince the members that you are correct in filing against the father?

Also, you've said in this thread and others that you do not and did not live on the premises. Yet, in this thread:

https://forum.freeadvice.com/landlord-tenant-issues-42/eviction-613153.html#post3324679

you're being evicted. What's up with that?