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update: well I finally got the funds together to file for small claims. in the document i asked for double the deposit plus filing fees and postage. if asked why i think i should be awarded double, i am going to bring up his flagrant and intentional ignoring of the law and his trying to make up his own rules as he went along by witholding my deposit based on his allegations of car damage.
court date is at the beginning of feb.
i have a question: can he countersue for his alleged car damages (no documentation) and would that be handled at the same time, or would that result in another court date? i just want to know if I need to have all of my stuff together re: his allegations of car damage if that is a possibility, or if I can/should leave his nasty emails and letters about his car out of my triplicate documents at the court hearing for the deposit. I dont want to take too much of the judge's time or complicate matters with his car related bullying if it would be best not to. about how much time should I take to present my case? I dont have time to visit a small claims court to see how i should handle this.
I think perhaps you need to stick to deposit. let him counter sue of damages to care and prove it.i am sure you might be surprise when he defends on what deposit is for.Alos remember that if you get a judgement ;you have to collect it.
To the OP....."a bird in the hand is better then two in the bush" meaning that a folder full of documentations is better then a empty hand. The Judge won't waste his time looking at your records.
Asking double probably won't fly...just be content getting your deposit and maybe extra funds the Judge may decide in your favor.
You won't waste the judge's time; the judge will determine what documents s/he wants to see. Also, you will know about any countersuit before you step into court.
Bring all documentation with you. It's better to have too much than not what you need.
Thank you everyone. In WI you can ask for double, esp if they dont reply with any deductions by the deadline, so I did so on the claim. Not sure if I will get it but its worth a try. Steve i am confused. Why would judge not look at my records? Also Texdav i realize getting a judgement is one thing and another is collecting it. He is a realtor in the town though so I would think he would want to protect his reputation?? Also I know he has the money and will have to disclose his financial situation which will annoy him to heck to do so. NY Annie, thanks. I forgot that I will know ahead if he countersues. I am so nervous. I will bring everything and then keep the car related emails, pictures he sent, and my own pictures of my undamaged car separate. I really dont think he has a leg to stand on with the car though-no insurance adjusters, no police visits or reports. He is just a jerk who found damage to his car three days after i met him for the walkthrough, and thinks it was me. I do have another question: does it matter what side of the courtroom the defendant stands on? Does the defendant stand on the right? Silly question, I know, but I am so unsure of all this.
I have been on Jury duty twice and once as Foreman. Small Claims courtroom was across the hall from our waiting room so had a chance to listen in on many cases. Depending on the case issue documents/evidence was at the discretion of the Judge.......that is why many use the term "Liars Court"....who can show or tell the best story.
why would people tell me to bring all documents, such as lease with former landlord, copy of deposit check with former landlord, letters and emails about move out date, pictures of apt after moved out, email on the 30th day after moving out, demand letter on the 34th day after moving out, etc. if no judge is going to "waste his time looking at the records?"
i made everything, including the pictures, in triplicate. did i waste my time? i mean i realize that some people could overload with stuff, and i sure dont want to do that!
and does it matter if i stand on the right or left side of the courtroom?
why would people tell me to bring all documents, such as lease with former landlord, copy of deposit check with former landlord, letters and emails about move out date, pictures of apt after moved out, email on the 30th day after moving out, demand letter on the 34th day after moving out, etc. if no judge is going to "waste his time looking at the records?"
i made everything, including the pictures, in triplicate. did i waste my time? i mean i realize that some people could overload with stuff, and i sure dont want to do that!
and does it matter if i stand on the right or left side of the courtroom?
You did good. The more documentation, the better.
I'd also suggest you do the following:
1) Go to your local library and get a book or two on representing yourself in court. NOLO makes a good set of legal self help books and any library should carry them in the legal section.
2) Find the Rules of Civil Procedure for the court you will be in and study them.
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