Where does Tenant need to file Small Claim

[ravenjinn]

What is the name of your state (only U.S. law)? WA

Our Tenant filed a small claim for the full refundable portion of their deposit 3 days after the final walk through. (They were extreamly angry that we did not give them a check on the spot)

We sent the itemized list of damage deductions along with the estimates and the refunded portion of the deposit to the tenant 6 days after the final walk through.

The Small Claim was filed in Clallam county but the LL lives in King county. From what we are reading in the RCW's and the small claim packet provided by Clallam County Courts the claim needs to be filed in the county that the Defendant (the LL) lives. The only exceptions were for car accidents, personal property damage etc. But then we are wondering why the clerk at the court did not check this and tell the tenant at the time of filing.

We have sent the court 2 emails but they have not responded, we live 140 miles away and will not be going back to the area for a week or so. We will go in at that time and ask but would greatly appreciate the knowledge of others on here.

Thanks

 

[Zigner]

The case can be filed where the property is located.

 

[sandyclaus]

What is the name of your state (only U.S. law)? WA

Our Tenant filed a small claim for the full refundable portion of their deposit 3 days after the final walk through. (They were extreamly angry that we did not give them a check on the spot)

We sent the itemized list of damage deductions along with the estimates and the refunded portion of the deposit to the tenant 6 days after the final walk through.

The Small Claim was filed in Clallam county but the LL lives in King county. From what we are reading in the RCW's and the small claim packet provided by Clallam County Courts the claim needs to be filed in the county that the Defendant (the LL) lives. The only exceptions were for car accidents, personal property damage etc. But then we are wondering why the clerk at the court did not check this and tell the tenant at the time of filing.

We have sent the court 2 emails but they have not responded, we live 140 miles away and will not be going back to the area for a week or so. We will go in at that time and ask but would greatly appreciate the knowledge of others on here.

Thanks

What you're talking about is called venue, and that basically comes down to what courts might have jurisdiction over the particular legal matter. As you are aware, where a person lives is one such determining factor, but it's not the ONLY factor. One can also file in county where the property in question is located, which is seems is what they did. The reason that the clerk didn't say anything is because it's not their place or job to make a legal determination of proper venue. To do so is inappropriate as it is up to the court to do that, not to mention the fact that is illegal for a court clerk to give legal advice.

Consider also that it sounds like the tenant has filed their case prematurely. After move out, the LL has 14 days to send back the deposit or a letter telling you why s/he is not giving some or all of it back. S/he must send this letter to the most recent address s/he has for the tenant. (RCW 59.18.280.) Sounds like you complied with that. Now the tenant has to justify why they feel they are owed the money, and if you rightfully deducted what you did from their deposit, the court will see that and find in the LLs favor.

 

[latigo]

What is the name of your state (only U.S. law)? WA
Our Tenant filed a small claim for the full refundable portion of their deposit 3 days after the final walk through. (They were extreamly angry that we did not give them a check on the spot)

We sent the itemized list of damage deductions along with the estimates and the refunded portion of the deposit to the tenant 6 days after the final walk through.

The Small Claim was filed in Clallam county but the LL lives in King county.

From what we are reading in the RCW's and the small claim packet provided by Clallam County Courts the claim needs to be filed in the county that the Defendant (the LL) lives. The only exceptions were for car accidents, personal property damage etc.

But then we are wondering why the clerk at the court did not check this and tell the tenant at the time of filing. We have sent the court 2 emails but they have not responded, we live 140 miles away and will not be going back to the area for a week or so. We will go in at that time and ask but would greatly appreciate the knowledge of others on here.

If you will note, Clallum County’s “small claim packet” shows “abbreviated venue rules” and refers the reader to the Revised Code of Washington for “complete regulations for the correct county” of venue.

You will also note the packet DOES NOT say that actions for damages or money claims MUST or SHALL be filed in the county of the defendant’s residence.

It uses the auxiliary modal verb “may” as in:

“ . . such an action ‘MAY’ be filed in the county in which the defendant resides”.

(That is, expressing permission to file in the county in which the defendant resides, but not mandatory as were it “must” or shall”.)

Which is consistent with wording in RCW 4.12.025. .

“(1) An action may be brought in any county in which the defendant resides, . . . “

Also, I don’t find anything in the RCW requiring that the former tenant’s action MUST be filed in the county where the rental property is located or that it would even be proper venue, unless also the residence of the defendant.

The only “shall be commenced” appears in RCW 4.12.010 where the subject matter of the lawsuit either involves claims and title to real and/or personal property, etc/. but not landlord tenant disputes such as here.
___________________________

If it is your intention to defend against the claim and expect to call witnesses as to the damage and cost of repair, etc., and you think it prudent to do so, it also would be prudent to file a motion for a change of venue under RCW 4.12.030 (3)

“That the convenience of witnesses or the ends of justice would be forwarded by the change; “

However, emails to the clerk will not do. You must file a timely, formal motion for the change and have it ordered by the court.

 

[tranquility]

Our Tenant filed a small claim for the full refundable portion of their deposit 3 days after the final walk through.

Wouldn't this be an abuse of process or malicious prosecution?

 

[ravenjinn]

I don't know about abuse of process but we do truly believe that the tenant filed and immediately sent the summons overnight to us in an attempt to try and intimidate us into returning their full deposit. They sent several emails before the walk through stating that we do have 14 days to return the deposit but that they expected us to do the "Righteous" thing and return it at the walk through. They later sent another email when we did not respond stating that they would get their deposit back on the spot and that is just how it was going to work.

I find this interesting because when I went to file a claim against my previous LL after 30 days and no return of deposit or letter as to why it wasn't being returned the first thing the clerk in King County asked is what county do they live and that I had to file in the county that they LL lived. She also said that the location for the hearing would be at the court house closest to the LL's residence and not where I had filed which was closer to my residence.

My reading of the RCW's say that the claim "may" be filed in the county that the defendant resides unless it is one of the exceptions. This does not fall under one of the exceptions in the RCWs. So i do under stand what was said regarding the wording of "may' vs "shall" but then why do they have the exceptions listed and why did the King County Clerk tell me I needed to file in the LL's County? Perhaps this is a King County rule and is not applied in all counties such as Clallam.