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Old 01-18-2012, 02:24 PM
 
1 posts, read 2,178 times
Reputation: 10

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At first years ago, a collections office tried to collect from us for leaving a bit of trash (2 bags, a bed frame), not giving 60 days advanced notice for intent to break or renew lease at the end of the lease period (1.5 years), and for us painting one wall, and having worn out carpet.

I live in Ohio.

Me and my former roomate have not signed for certified mail receipts for the notice, but I did see it on the municipal site.

Its for almost 4k in damages. They are saying since we didn't give them 60 days they are entitled to 3 months rent.

This was a long time ago. Do they have a case against us?
We had a $99 deposit and a $250 cat deposit.

thanks for any help.

We intended to go pro se, represent ourselves, we are 2 part time servers saddled with student loans.

Would the court dismiss the case? The company has had only 10 cases, 4 atleast dismissed, with 4 open.

Can we get a possible lowering of the amount owed due to financial situation?

Will they garnish checks? allow for monthly payments if our judgement is unfavorable?

Will they take our tax returns?

Thanks for any counsel
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Old 01-18-2012, 02:42 PM
 
Location: Austin, TX
16,787 posts, read 49,058,726 times
Reputation: 9478
Depends on what the statute of limitations is for your state. Chart: Statutes of Limitations in All 50 States | Nolo.com
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Old 01-18-2012, 03:26 PM
 
4,918 posts, read 22,678,621 times
Reputation: 6303
Humm, if you had an actual lease and the items they are charing you for are written inthe lease as items they can charge you for, thats a written contract and according to CaptRn's link they have 15 years to come after you. Also It looks like Ohio has a whole bunch of ways to serve notices and I saw one method beingt hat if the certified letter is marked REFUSED by the USPS, all the other party has to do is provide suffienct proof that that address is infact where you live. the courst can accept that it is in fact your legal address and that the USPS isn;t saying they couldn;t deliver it but that you REFUSED the delivery. So ignoring the letters may not get you out of this.

Could the court dismiss it? Sure if they have reason.
Can the amount be lowered? If they can't prove the expenses or you can disprove it, the court may not accept the amount.

All the other stuff over garnishing and tax return confiscation etc is best discussed with someone locally who knows Ohio law and how the courts apply the rules.
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