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Old 12-14-2013, 05:42 PM
 
Location: So. of Rosarito, Baja, Mexico
6,987 posts, read 21,937,047 times
Reputation: 7007

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The issue in question is a return of a Rental Security deposit.......NOT a Paycheck issue....different Laws.
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Old 12-18-2013, 05:32 PM
 
1,107 posts, read 2,279,919 times
Reputation: 1579
Now the ex landlord tried to contact me through my sons cell phone to hassle me about the demand letter I sent by certified mail, stating again that he will not address the security deposit until I pay him XXX dollars for his car body repairs. He has tried to call me twice and has emailed me 4 times since second week in Nov to accuse/harass me about this. Do I send him an email telling him to quit harassing me about his car, or do I just continue to ignore his bullying? If I need to cover my tracks in case I have to take him to court or get a restraining order, I will. I just am not sure if this will just add fuel to the fire. I do not want to block his emails just yet because of the security deposit issue. I did block him on my home phone and my sons cell.

I do realize that when I file next week for small claims (gave him a week to send the deposit in the certified letter) that he is going to be laughed out of court for trying to bribe/harass/bully me about something totally unrelated to the deposit. Ugh. Creep!
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Old 12-18-2013, 05:43 PM
 
936 posts, read 2,203,287 times
Reputation: 938
You need to call the Police at this point. And keep records such as the phone logs on your phone.
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Old 12-18-2013, 05:49 PM
 
16,376 posts, read 22,497,010 times
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Keep the emails. Don't respond. There is no more discussion. The demand letter told him what he needs to do. If he doesn't give the money by the due date, then file in small claims court.

I bet he pays the security deposit either by due date or within a few days of being served court papers.

The false claims about you damaging his car are completely separate and cannot be intermingled with security deposit.
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Old 12-18-2013, 05:58 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,729,597 times
Reputation: 26728
Quote:
Originally Posted by yousah View Post
You need to call the Police at this point. And keep records such as the phone logs on your phone.
Disagree on calling the police. Agree on keeping all the records.

Quote:
Originally Posted by sware2cod View Post
Keep the emails. Don't respond. There is no more discussion. The demand letter told him what he needs to do. If he doesn't give the money by the due date, then file in small claims court.

I bet he pays the security deposit either by due date or within a few days of being served court papers.

The false claims about you damaging his car are completely separate and cannot be intermingled with security deposit.
^^^ This.
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Old 12-18-2013, 08:42 PM
 
1,107 posts, read 2,279,919 times
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If he pays within a few days of being served, should I just eat the cost of filing, postage, etc or should I continue with the claim for double plus court costs? Can I even do that? I applied for pro bono legal services but not sure I will be accepted because I dont get food stamps or medical assistance etc. Not that I think he WILL pay, but stranger things have happened I suppose. I just hate to eat the $100 plus that it will cost to file. I am receiving SS Income and am not rich. What do you think?
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Old 12-18-2013, 09:47 PM
 
Location: Ridley Park, PA
701 posts, read 1,692,291 times
Reputation: 924
Quote:
Originally Posted by jzeig104 View Post
If he pays within a few days of being served, should I just eat the cost of filing, postage, etc or should I continue with the claim for double plus court costs? Can I even do that? I applied for pro bono legal services but not sure I will be accepted because I dont get food stamps or medical assistance etc. Not that I think he WILL pay, but stranger things have happened I suppose. I just hate to eat the $100 plus that it will cost to file. I am receiving SS Income and am not rich. What do you think?
How much is the filing fee there? Less than $100? If so, I'd eat the costs and say you're well rid of him.
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Old 12-19-2013, 03:12 PM
 
Location: So. of Rosarito, Baja, Mexico
6,987 posts, read 21,937,047 times
Reputation: 7007
Once a person has filed they should not have any contact with the person being sued unless they are willing to LOSE the court fees paid when accepting the past due delinquent funds....(cannot have it both ways)...one or the other.
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Old 12-20-2013, 05:42 PM
 
1,107 posts, read 2,279,919 times
Reputation: 1579
update well i was turned down for pro bono legal services. guess i will have to do it on my own. i am scared. i have never sued anyone before. i will continue to ignore his calls and emails (he only contacts me to tell me I owe him money for his car repairs anyway, not about the deposit) and will file for court next monday. I got acknowlegement he got my certified demand letter but no deposit money came. creep! I must be naiive at age 62 plus. I just cant believe the guy is such a jerk!! he is a realtor in a small town. going to have his reputation go in the toilet if i can help it!
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Old 12-20-2013, 09:09 PM
 
Location: Ridley Park, PA
701 posts, read 1,692,291 times
Reputation: 924
Quote:
Originally Posted by jzeig104 View Post
update well i was turned down for pro bono legal services. guess i will have to do it on my own. i am scared. i have never sued anyone before. i will continue to ignore his calls and emails (he only contacts me to tell me I owe him money for his car repairs anyway, not about the deposit) and will file for court next monday. I got acknowlegement he got my certified demand letter but no deposit money came. creep! I must be naiive at age 62 plus. I just cant believe the guy is such a jerk!! he is a realtor in a small town. going to have his reputation go in the toilet if i can help it!
With small claims having no representation is no big deal. The judges (in my experience) don't want lots of legalistic mumbo jumbo. Have all your stuff together in an organized manner, have copies for the judge and the defendant (your ex-landlord), and you'll be fine. In my case, I've written concise explanations of the situation ahead of time so I don't ramble in front of the judge. In both cases though, I never made it to the judge, I managed to settle beforehand. The first time it was before we got to court, the second it was with a mediator in court where NJ insisted we meet with a mediator before going in front of the judge.

Either way, being organized and planning out your case will benefit you. I printed out each email and text contact and gave it a tab for easy reference.
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