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Old 10-22-2013, 04:31 PM
 
111 posts, read 129,328 times
Reputation: 90

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Hi all, I rented an apartment in Asheville NC. I moved out and the landlord kept my security deposit. I tried to sue him in North Carolina however I was told that I would have to go to Florida to sue him as that is where he resides. My question is can I sue him in Daytona where my mom lives or do I have to go to Winter Park to sue him. He is a famous baseball player and manager of a baseball team. I am afraid that if I have to go to Winter Park the court system will favor him and it will be a big waste of time and money. Thanks for any help!
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Old 10-22-2013, 04:43 PM
 
Location: Hernando County, FL
8,488 posts, read 19,279,724 times
Reputation: 5397
Did you go to a hearing and a magistrate or judge told you they did not have jurisdiction or did a clerk tell you this?
Did you make a timely claim for your deposit or went to sue after the time to make a claim had passed?
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Old 10-22-2013, 05:07 PM
 
111 posts, read 129,328 times
Reputation: 90
[quote=Mike1306;31916789]Did you go to a hearing and a magistrate or judge told you they did not have jurisdiction or did a clerk tell you this?
Did you make a timely claim for your deposit or went to sue after the time to make a claim had passed?

Hey Mike thanks for the response. I went to the court house in NC and they told me that I would have to go to Florida. I am in Daytona now caring for my ill mom.
This happened in July so I believe that my claim is still valid.
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Old 10-22-2013, 05:08 PM
 
111 posts, read 129,328 times
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Do you know if the courts in Florida are on the level?
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Old 10-22-2013, 06:11 PM
 
166 posts, read 342,664 times
Reputation: 64
I don't know if you're going to find that many users on this site who have enough of a legal background to be able to give you reliable advice. If you don't want to consult your own attorney, you could try posting your question on the legal website AVVO.com. AVVO has a forum where people can ask legal questions for free and only licensed lawyers can respond. Good luck.

P.S. - I am not associated with that site.
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Old 10-22-2013, 06:45 PM
 
111 posts, read 129,328 times
Reputation: 90
Quote:
Originally Posted by Consigliere View Post
I don't know if you're going to find that many users on this site who have enough of a legal background to be able to give you reliable advice. If you don't want to consult your own attorney, you could try posting your question on the legal website AVVO.com. AVVO has a forum where people can ask legal questions for free and only licensed lawyers can respond. Good luck.

P.S. - I am not associated with that site.
Thanks Consigliere!
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Old 10-22-2013, 07:00 PM
 
12,973 posts, read 14,382,616 times
Reputation: 5458
You will likely do better in renting in the RE list. There is at least one NC broker who knows NC law pretty well.

Nolo says...

Out-of-state defendants. If you don't live -- or do business -- in a state where you are sued, a court normally doesn't have power ("jurisdiction," in legalese) to enter a valid judgment against you, unless court papers are served on you while you happen to be in that state. (Exceptions exist for people who live out of state but own land in the state where the lawsuit was filed or got into a traffic accident in that state.) If you are an out-of-state resident and receive small claims papers via the mail, promptly write a letter to the court explaining that you do not believe you are subject to the court's jurisdiction. Stay in touch with the court clerk until you are sure the case has been dismissed.

I would think the thing has to go down in NC. Clerks are often wrong but I do not believe a landowner can ever avoid jurisdiction...dYou might check for an NC legal aid or such that will give quick answers.

If you go in FL the guy is going to turn around and claim it is an NC case.
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Old 10-22-2013, 10:14 PM
 
156 posts, read 198,115 times
Reputation: 110
off topic a little, did the landlord list what he/she charged you with. I rented before and they charged me 50 bucks to wipe the fridge. I cleaned it out and wiped it but it was not to their expectation. Hate that. This was at one of the apartments where I used to love, not in FL.
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Old 10-22-2013, 10:54 PM
 
111 posts, read 129,328 times
Reputation: 90
His wife came to take possession of the apartment on the day that I moved. She went back to him and told him that I disrespected her. I treated her with the utmost respect. She claimed that I did not trim shrubbery in front of condo. I was not responsible for the shrubbery. It was not mentioned in the lease, nor was it mentioned to me by the owner or the agent. I think that he was more pd off at me for his wifes false claims of disrespect. This guy is worth millions and he cheats me out of 900 dollars!
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Old 10-23-2013, 08:08 AM
 
912 posts, read 4,894,233 times
Reputation: 2043
Quote:
Originally Posted by Mr Supernatural View Post
His wife came to take possession of the apartment on the day that I moved. She went back to him and told him that I disrespected her. I treated her with the utmost respect. She claimed that I did not trim shrubbery in front of condo. I was not responsible for the shrubbery. It was not mentioned in the lease, nor was it mentioned to me by the owner or the agent. I think that he was more pd off at me for his wifes false claims of disrespect. This guy is worth millions and he cheats me out of 900 dollars!
Surely you have received an itemized list of charges against your security deposit.

What did they charge you for?
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