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Old 01-18-2010, 05:44 PM
 
371 posts, read 1,567,210 times
Reputation: 185

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Hello all,

I am hoping someone might be able to give me an answer. We live in CT, my husband filed a claim against our previous tenants for unpaid rents. The tenants counter claimed, we sent in our response to the counterclaim. We had to respond on or before the 16th of Oct, we faxed it over twice to the courts and mailed it on Oct 11th, 2009. We haven't heard anything back and it seemed odd so we looked up the case online and it says "denied" by our name. It doesn't show that we responded. They were closed today so we will call tomorrow but now I am worried that they did not get our response. I should have sent it certified but I didn't think it would get lost and I did fax it twice. What will happen now? Will we be able to redo this claim again?
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Old 01-19-2010, 11:10 AM
 
28,115 posts, read 63,680,034 times
Reputation: 23268
You may very well be out of luck...

For court documents I always deliver in person and get a date stamp...

Other important documents go either by a proof of mailing, certified or certified with return receipt requested...

My town previously accepted city license renewals by fax with credit card... the program was a disaster... so many people were charged late fees the city granted amnesty...

If you can prove to a judge the information was indeed received but lost... you might be able to have it re-opened... doubtful, in my experience since you are the "Business Professional"

Even if the case is re-opened, winning your case is another thing...
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Old 01-19-2010, 12:35 PM
 
Location: San Antonio, Texas
3,503 posts, read 19,889,611 times
Reputation: 2771
If the tenant didn't pay the rent in the first place, stop flogging a dead horse. You will probably never see it and your doing an exercise in futility. I only say this becasue I have been there myself. You may well get a judgement against the tenant, but collecting it is the problem.
I feel your frustration and anger at being taken for the rent. Re-rent the place and count the loss as a business expense. The loss of rent reduces your tax burden and you get a bigger return. Look at the positive side of the losers not paying the rent and drop chasing a futile effort.
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Old 01-19-2010, 12:49 PM
 
371 posts, read 1,567,210 times
Reputation: 185
Thanks for responding! We called the courts today, they did received our paperwork, they are just really back logged since changed which court will be handeling the cases now. So we are all good. As far as winning, I really don't care if I do win or not its just the tenants are sueing us for their secuirity deposit which we did not return because we used it to change rugs and fix other things that needed to be fixed because of a dog that was not allowed to be there in the first place. Basically after all the work we had to do, there is no security left once you deduct all the receipts we have for things that needed to be done to get the home back to what it looked like (and smelled like) before they lived there. I have all the proof, pictures, receipts and everything so I know I might not get any money from them, but I don't think they will get any back from me either.
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Old 01-19-2010, 02:00 PM
 
Location: southwest TN
8,568 posts, read 18,112,482 times
Reputation: 16707
Quote:
Originally Posted by MomOfToo View Post
Thanks for responding! We called the courts today, they did received our paperwork, they are just really back logged since changed which court will be handeling the cases now. So we are all good. As far as winning, I really don't care if I do win or not its just the tenants are sueing us for their secuirity deposit which we did not return because we used it to change rugs and fix other things that needed to be fixed because of a dog that was not allowed to be there in the first place. Basically after all the work we had to do, there is no security left once you deduct all the receipts we have for things that needed to be done to get the home back to what it looked like (and smelled like) before they lived there. I have all the proof, pictures, receipts and everything so I know I might not get any money from them, but I don't think they will get any back from me either.
Did you send the tenants an itemized statement showing the amounts deducted from the ydeposit, if required by statute? and within the time-frame specified? I am not familiar with CT L-T statutes, but many other states require that you provide, in writing, a list of repairs within a month. In RI, if the landlord does not do that, the tenant is entitled to TRIPLE the security deposit regardless of the expenses.
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Old 01-19-2010, 02:18 PM
 
371 posts, read 1,567,210 times
Reputation: 185
It doesn't stop there NY Annie, it took us over a month to get the place back in tip top shape because my husband would do it after work himself. Our attorney did send them a letter stating the damages and how much it was all going to cost, so I guess yes we did send something with in 30 days. They were horrible tenants that we had problems with from day 1...well I guess we will just have to wait. I was just nervous that they did not recieve our response by the end date because their website was not updated and that we wouldn't be able to move forward with the claim.
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Old 01-19-2010, 03:49 PM
 
Location: Clermont Fl
1,715 posts, read 4,778,716 times
Reputation: 1246
Not worth your time if it is a small amount I hand it over to a service for a percent of the bill worth every penny
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