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Message
2
Posted on 11/4/13 at 4:12 pm to TheIndulger
quote:
It's like you attorney's have never heard of small claims court.
True, but I don't have any idea where he lives, and small claims can go from $60 to $140.00 or so just for the petition depending on locale. Then, you can pay an addition $20 to $60 to serve the thing. Guess what happens if the person ducks service? You get to pay again! It can add up a bit and be a headache.
quote:
Or that, if you win the claim, the landlord pays your court costs
Getting a judgment does not equal collecting on that judgment. Oh, and that can cost another $120 to $220 or so. So, you could spend $300 to $500 and not collect diddly poo. Just something to consider.
If his claim was over $5,000 (in LA), now you are out of small claims and prepare your anus for those costs. Or, alternatively, prepare for the landlord to live in an area with a Justice of the Peace working out of his living room. Good luck using that guy.
Some of these claims are quite easy to do, some aren't. No way to know over the internet with few facts.
This post was edited on 11/4/13 at 4:19 pm
Posted on 11/4/13 at 6:07 pm to TheIndulger
quote:
Or that, if you win the claim, the landlord pays your court costs
Court costs are one thing. Attorney's fees are another. I haven't gone back and read the statutes governing security deposits in over a year. I had a case involving a security deposit among other things. I think it does provide for attorney's fees. You may not be able to find an attorney willing to take it on contingency and have to front the money. As Teddy has pointed out, that's not always easy. In fact, getting a judgment is the easiest thing about collection work. Getting the money is the hardest.
If you go pro se, I pray you have an understanding judge if its not small claims.
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