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Anyone have any experience with small claims court as the plaintiff?
Posted on 7/1/16 at 3:57 pm
Posted on 7/1/16 at 3:57 pm
I had a tenant move out of my office building paying only 1 of 12 months rent. They left in month 2.
I sent an email offering 50% settlement and it was ignored. I explained that I would file a small claim suit if the offer was not taken.
I've given them 2 months to decide and still no word.
Is small claims too much of a pain in the butt over just under $5k?
I sent an email offering 50% settlement and it was ignored. I explained that I would file a small claim suit if the offer was not taken.
I've given them 2 months to decide and still no word.
Is small claims too much of a pain in the butt over just under $5k?
This post was edited on 7/1/16 at 3:57 pm
Posted on 7/1/16 at 4:01 pm to roadGator
As long as you can rent the place out I don't think you have justification to collect starting when the next person moves in. Also they are likely dirt poor and flighty so even if you get a judgement for $1000 collecting it will be next to impossible.
Posted on 7/1/16 at 4:03 pm to carguymatt
Its a tax prep company with multiple locations. They have money.
Posted on 7/1/16 at 4:03 pm to roadGator
If the defendant shows the first thing the judge will do is have you and the defendant get together to try and settle.
This post was edited on 7/1/16 at 4:05 pm
Posted on 7/1/16 at 4:05 pm to ptra
Defendent is in south florida. Suit will be filed 5 hours away.
I win if he doesnt show, right?
I win if he doesnt show, right?
Posted on 7/1/16 at 4:08 pm to roadGator
If I'm not mistaken small claims court is for anything less than 3k
Posted on 7/1/16 at 4:10 pm to roadGator
what town? i would go to the court with the lowest jurisdictional limits. JOP if available, or city court.
try to rent the place asap and get as much as you can for it. do not evict them because that terminates their right to use it and terminates rent. they will probably hire a lawyer and you may have to also. your lease should say that, if you have to sue, you get attorney's fees. if not, fix it.
try to rent the place asap and get as much as you can for it. do not evict them because that terminates their right to use it and terminates rent. they will probably hire a lawyer and you may have to also. your lease should say that, if you have to sue, you get attorney's fees. if not, fix it.
Posted on 7/1/16 at 4:17 pm to roadGator
You have to check with your local small claims court to see if that amount is covered. Many small claims courts are limited to closer to $2,500.00
Posted on 7/1/16 at 4:19 pm to piratedude
quote:
they will probably hire a lawyer and you may have to also
The reason there is a smalls claim court is so that you don't get lawyers involved. He will not ever have to.
quote:
if you have to sue, you get attorney's fees.
OP, it's easy, filing fee is cheap, all you need to do is copy the lease that was signed and any of the correspondence. Show up, and argue your case. Only if the damages you are claiming are below the threshold of small claims court.
I would highly recommend you don't take anything people post in here as the truth, myself included. A quick call can get you all the info you need. People generally say whatever they think as fact. Check it out first.
Posted on 7/1/16 at 4:24 pm to roadGator
It is a PITA ever in they don't answer and you automatically win. I have done it on principle alone. Too much of a hassle and too many fees trying to get someone to pay otherwise
Posted on 7/1/16 at 4:26 pm to Festus
quote:
I would highly recommend you don't take anything people post in here as the truth
YOU go straight to hell. You are aware that there are many posters here that sometimes do not talk out of their asses on occasion about some subjects.
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