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Old 01-16-2014, 09:16 AM
 
1,107 posts, read 2,279,919 times
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Old 01-16-2014, 04:31 PM
 
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Trust me, the only people you CAN'T collect from tend to be poor. Someone who is a realtor? LOL.

He will pay. If he doesn't you can get the sheriff involved to start selling his stuff. Its VASTLY more entertaining then you might suspect.
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Old 01-16-2014, 04:34 PM
 
Location: Tampa (by way of Omaha)
14,561 posts, read 23,076,603 times
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Quote:
Originally Posted by greywar View Post
Trust me, the only people you CAN'T collect from tend to be poor. Someone who is a realtor? LOL.

He will pay. If he doesn't you can get the sheriff involved to start selling his stuff. Its VASTLY more entertaining then you might suspect.
Agreed. In my experience, about the time the sheriff shows up to start ceasing business property is right about the time checks start getting written.
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Old 01-16-2014, 04:38 PM
 
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It's probably easiest, and cheapest, to file a complain with the local Board of Realtors as well as with your state's real estate licensing division.
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Old 01-16-2014, 04:48 PM
 
Location: Bloomington IN
8,590 posts, read 12,355,682 times
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Originally Posted by yousah View Post
It's probably easiest, and cheapest, to file a complain with the local Board of Realtors as well as with your state's real estate licensing division.
Unless WI is very different the local BOR and the state licensing board have absolutely no authority as it relates to this case. It would be pointless to contact them.
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Old 01-16-2014, 05:35 PM
 
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WI licensing laws govern the management of "Trust Accounts" which includes security deposits.
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Old 01-16-2014, 09:34 PM
 
1,107 posts, read 2,279,919 times
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STT Resident is right; first i need to win the case, and i will be happy if i just get the deposit and costs. only asking for double the deposit because i can, and because he has so flagrantly ignored the law and made his own rules, and was so condescending in doing so. i havent heard a peep since i filed, which is weird, because he was bothering me at least twice a week before (never about the deposit) about his allegations that i damaged his car (which i did not). quiet as a mouse. its a relief, because it was bordering on harassment, and it costs $165 to file to stop harassment in WI! he may be planning to countersue. would that be handled at the same hearing, for something so unrelated to my claim about the security deposit?

actually now that i think about it, not sure how much of a realtor he really is: he only has one listing, which is his next door neighbor's house!
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Old 01-17-2014, 06:09 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,724,101 times
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Originally Posted by jzeig104 View Post
.. he may be planning to countersue. would that be handled at the same hearing, for something so unrelated to my claim about the security deposit?
A countersuit is self-explanatory - basically a demand based on your claim against him, same suit. As has been said earlier, the damage to his car has nothing whatsoever to do with your claim and won't even be considered. Again, don't keep worrying about the "what if's" - just sit back and wait to see what happens next.
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Old 01-17-2014, 06:30 PM
 
1,107 posts, read 2,279,919 times
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Quote:
Originally Posted by STT Resident View Post
A countersuit is self-explanatory - basically a demand based on your claim against him, same suit. As has been said earlier, the damage to his car has nothing whatsoever to do with your claim and won't even be considered. Again, don't keep worrying about the "what if's" - just sit back and wait to see what happens next.
it's a character flaw of mine. born to a worrying set of parents.
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Old 01-19-2014, 08:34 PM
 
545 posts, read 1,485,729 times
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OP - Not sure where you stand on this, but you are entitled to double the security deposit plus court costs. He cannot deduct anything from the deposit at this point and the alleged damage to his car is irrelevant. He can file a counter claim if there is unpaid rent, late fees, and/or utilities. But otherwise it's an open and shut case. Regardless, don't ask for anything more or less than double the deposit plus costs and hold firm on it.

I filed a small claims case in Wisconsin a few years ago for the same thing. My former LL did a disappearing act after I moved out. Speaking from experience, don't muddy the waters any more than you have to. The bottom line is that he didn't return the deposit within the period required by law, so you are entitled to double plus costs. Don't even bring up the car. Let him look ridiculous when he's trying to explain that to the judge. Don't worry. You're going to win this!

Good luck and keep us posted!
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