Suing somebody for money and legal fees in small claims court?

Question

Ok, so here is a brief overview. I signed a lease that says that I put down a $250 refundable security deposit (the lease SAYS "Refundable Security Deposit ($250)"). When I moved out, I went through a checklist, and everything says OK on it, and I had no complaints from the manager about the room. When I tried to get my deposit back, the Landlord only wrote me a check for $118 because he charged me $120 for cleaning the room AND he also charged tax on that charge (even though the manager did the cleaning, so no tax was actually paid). I have repeatedly asked for a breakdown of the costs, and he simply says that it took the manager 4 hours to clean the room. In the lease, it does say that he can charge $30 an hour to clean and repair the room, but when I signed the checklist to move out, there was NO mention of any fees or charges, and I did not agree to pay ANYTHING out of my deposit to have the room cleaned. He has given me absolutely no proof that anybody worked on the room at all, even after repeatedly asking him, and now I want to take him to small claims court.

My question is partially about the filing. To file the claim will cost $35 and an additional $55 to serve the landlord (Jianxin Huang, or JX Huang LLC). On the papers used to file the claim, it says that I certify under penalty of perjury that the defendant owed me the sum of $(Blank), which became due and owing on (Blank) date. So do I file the claim for $340 ($250+$35 legal fees+$55 service fee), or do I just sue him for $250 and ask for the legal fees to be paid in court? The reason I ask is because he technically only owed me $250 on September 11, 2013 (the date I am putting down), and I don't want him to accuse me of filing for more than he actually owes me. At the same time, the law clearly says that in a small claim dispute of this kind, I am entitled to be reimbursed for legal fees should I win. 10 points for Best Answer, and thanks for the help

Answer 1

Check out my answers pertaining to Notarial Protests - what is left of them that is, as some don't want this info out and I keep getting my answers yanked ... Look at my profile and check out my answers and you will learn what to do very cheaply and more efficient than if you took it to a court ... Also - look at Deceptive Business Practices in your State Statutes, Fraud, Fraudulently Filed Lien or Claim and/or etc. - he broke a billion statutes and maybe even laws that you can charge him 10 grand each for ... and what about your "Pursuit of happiness" ... that is another 10 grand easy ... check out my profile & answers if you want decent answer to this. Peace; Aintmyfault . ADDITIONAL INFORMATION: Look - you can't just go to the DA and expect anything - they will send you to the local police shop and the investigation unit - then the cop shop will file the complaint with the DA. HOPE AND PRAY that the guy you bought this from does not work for the City - as they will then be considered as a "CONFLICT OF INTEREST" and the cops won't do a thingh and the DA may not answere you at all. I have proof and evidence of my claim - and I have great experience in going against the DA for not doing his job or upholding the law by prosecuting ADMITTED FELONS that are Public Servants ... Even the Attorney General says that the DA does not have to keep the law ... BECAUSE HE IS AN ELECTED OFFICIAL ... believe it or don't ... I still don't believe it - regardless how true it is and how lopsided the system is without any checks or balances. The process I was telling you about - you complete the entire trial prior to taking it to court, using a Notary Public. You skip the cops, you skip the DA and you skip the greedy lawyers and attorneys - you even skip having to appear before the judge for the most part - unless he calls you in to swear under oath that your claim is valid ... the other party should not even have need to be called before the judge as the trial is completed and all that is needed is a Default Judgment ... This process costs a couple hundred - where getting your 12 grand back USING THE COURT AND LAWYER OR ATTORNEY PROCESS will probably cost thousands ... and may take years to complete ... the process I spoke of takes a couple months; but, go with the know it all and wealthy lawyers and attorneys that really want to help you - but; Their first and utmost concern is for the court (they are licensed) and the clients best interest falls to the side when the court stands supreme. You don't want to beleive this as much as the attorneys and lawyers do not want you to know it ... but; it is your choice, pay them and pay them - or do it yourself and request a Notarial Protest, then take the Certificate of Default to the District Court and enter an EX PARTE DEFAULT JUDGMENT based upon the Certificate of Default - the judge will just sign the Order of the Court in your "favor" because there is nothing he has to hear ... The trial was already completed before it came before him - then you simply file forms that would order the sheriff to go to the guys house and auction it off with everything else he has if need be ... or it would allow the sheriff to pull out every cent from the guys bank account or the amount up to that being owed you ... AND OF COURSE YOU WOULD TACK ON YOUR FEES AND CHARGES FOR THE SERVICES RENDERED IN YOUR HAVING TO COLLECT WHAT IS OWED ... But; you need to do it your way, whatever way that may be, I only offered some wisdom and knowledge concerning the matter and how to avoid most of the corrupt system to your advantage ... you never know if the guy is the judge's neice's boyfriend or not - and they won't tell you. Peace; Aintmyfault .

Answer 2

You can only sue him for the part he didn't pay, not the whole deposit. But you can sue for twice the amount. So 132X2 = 264 (it's worth reading up on the laws in your state to verify what you can sue for on an unreturned deposit...in oregon it is twice the amount).



Just sue for that. The form should ask to fill in the other amounts, or just let the judge do it.



You also have to normally send him a letter requesting payment prior to filing a claim. I would notify him of your intention to file a claim, and quote the part of the state law that says what you are entitled to get returned. It should also say what he is required to do, like take photos of the mess if he thinks he is due something.



It's better to settle this out of court if you can.



You can get the $35 $55 back, and sometimes a winners fee (like $100). In some states ("loser pay states" if you want to look it up) you may also be able to charge him for your lawyer. Really, all that is is a threat for him to pay you. If you tell him in your letter that he will be responsible for legal fees, you may scare him into paying up to avoid court.



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"I didn't cash the check, so so far he has paid me nothing..."



That doesn't matter. Cash the check. Nothing to risk there.



Did we give it to you within 30 days of moving out? If not, then you can sue for twice of all of it.

Answer 3

I had same guy as my landlord and he did the same thing to me - except he didn t even give me back any of the deposit and ignored all of my phone calls until I threatened legal action. He still didn t pay me back the full amount...I hope you won the case against him.