Anyone with experience in Indianapolis small claims court (Decatur, Hope: apartment, credit card)

[Peacelilies]

Is it really Landlord Friendly?

I am considering whether to settle or fight a former landlord at this court. They are charging me for damages I did not cause, plus little things like hardwater stains. This landlord has a reputation for screwing people out of their security deposit and then some. Plus they are very vicious. I have pictures and video of the apartment before I left and I am prepared to show the judge. But my attorney has told me that the judges in Indiana are very Landlord friendly and will take the side of the Landlord.

The reason I am balking at the settlement is because, the lawyer is adding his own fees and court costs.

So say they were charging me 300 for damages, the attorneys fees/court costs are like 800. Meaning I have to pay like 1100

I don't want to get a court judgement because it can ruin your credit. What should I do? Settle or Fight it. This issue is really stressing me


Is there anyone from Indiana that has won a small claims issue against a landlord?

Or if you can just share your experience with small claims court on any issue, let me know.

[rrah]

So you're going to spend $800 to avoid paying $300? Just pay the $300 and walk away.

BTW-you don't need an attorney for small claims court.

[Westside Kat]

I had to have my car towed earlier this winter (late at night) and when I went to get my stuff the very next morning, everything was gone. I'm out about $1,800 worth of stuff. The company said their driver stole my stuff and then quit working for them. They originally agreed to reimburse me and asked me not to file a theft report, but after dragging it out for almost three months by sending me all around to get estimates on replacements, they later said they decided they weren't responsible and I would have to sue the driver because he was the one who stole it and he no longer worked for them. The catch is that they won't give me the name of the driver or any information on him.

I'm debating whether to go through the hassle of trying to take it to small claims court. Not sure it's worth the expense when you figure filing fees, taking off work to go, and everything else.

[Quinoa]

Westside Kat, if you have any sort of proof, for example emails documenting that they asked you not to file a police report ... that is what small claims court is for. I might do the police report THEN small claims.

[rdwoelfe]

I went to the small claims court in Decatur Township a few years back for a credit card I forgot I opened when I was in college and it seemed to be a very fair court. My case was set for mediation and we were able to work it out, but I did have about an hour to sit and watch 2 different cases. It seemed as if the judge was actually helping people make their cases, both defendant and plaintiff. I don't remember what the exact cases were so I couldn't tell you if it is more landlord friendly or not.

But as someone else suggested are you really willing to risk $800 to save $300? I would call the landlord and see if they are willing to just dismiss their claim and accept the $300. If they say they already spent the $800 and they demand that too then you have nothing to risk by going to court and making your case. Just bring your evidence, pics or video should work just fine, and make your case that you left the apt. in reasonable condition upon vacating. If they are claiming things that were truly out of your control, normal wear and tear etc. then the judge may side with you. You will more than likely be given a chance for mediation, take it and make good faith offers and hope they are willing to accept the offers.

[Peacelilies]

Originally Posted by rrah

So you're going to spend $800 to avoid paying $300? Just pay the $300 and walk away.

BTW-you don't need an attorney for small claims court.

You did not understand my post.
I am disputing the $300, but to Settle before court, their Attorneys want me to pay 800 of their own costs, meaning I'd have to pay $1100 if I don't want to go to court.
This is why I'm weighing my options as to whether to just go to court cause the settlement prior is just too much.

[Peacelilies]

Originally Posted by rdwoelfe

I went to the small claims court in Decatur Township a few years back for a credit card I forgot I opened when I was in college and it seemed to be a very fair court. My case was set for mediation and we were able to work it out, but I did have about an hour to sit and watch 2 different cases. It seemed as if the judge was actually helping people make their cases, both defendant and plaintiff. I don't remember what the exact cases were so I couldn't tell you if it is more landlord friendly or not.

But as someone else suggested are you really willing to risk $800 to save $300? I would call the landlord and see if they are willing to just dismiss their claim and accept the $300. If they say they already spent the $800 and they demand that too then you have nothing to risk by going to court and making your case. Just bring your evidence, pics or video should work just fine, and make your case that you left the apt. in reasonable condition upon vacating. If they are claiming things that were truly out of your control, normal wear and tear etc. then the judge may side with you. You will more than likely be given a chance for mediation, take it and make good faith offers and hope they are willing to accept the offers.

Thank you for this.
I really hope the court is fair. I have a valid case and I just want to be heard out.
Unfortunately, the landlords are impossible to reason with. I have my pictures and video just in case.

[Gnomepark]

Before you just go try it yourself I would suggest you talk to a lawyer and they may be able to give you some suggestions ...free consultation. Whatever you do, do your homework and practice your complaint before you get to court. I've used both of these guys and they were real helpful in answering questions. Both are in Indy. Robert McNevin and Bryan Cook Hope that helped.

[mike0618]

Originally Posted by Peacelilies

You did not understand my post.
I am disputing the $300, but to Settle before court, their Attorneys want me to pay 800 of their own costs, meaning I'd have to pay $1100 if I don't want to go to court.
This is why I'm weighing my options as to whether to just go to court cause the settlement prior is just too much.

Thats a crock. Make sure to mention to the judge that you would have been happy to settle for around $100 if it ment not having to waste the courts time but their lawyers demanded i pay for their time too. That should **** the judge off to their lawyers some.