Announcement

Collapse
No announcement yet.

Small Claims Court- Anyone been?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #16
    Sue his arse!

    Comment


      #17
      I sued in small claims and won hands down. Never received a dime, just a judgement.

      Waste of time....

      Comment


        #18
        Originally posted by bboswell View Post
        I sued in small claims and won hands down. Never received a dime, just a judgement.

        Waste of time....
        Should have filed a writ of execution if they didn't appeal. Cost about $175 depending on the county then send the sheriff to take any real property to collect the debt owed.

        Comment


          #19
          Rob - Kelly request that you take this straight to Judge Judy so that we can watch it all unfold on TV!

          Comment


            #20
            Sucks you got done like that but in most cases the land lord will win. It's your word against his, with the exception of PROOF. Unless you have photo proof of what things looked like before now you're going to have trouble in court. I hope you do win though!

            Comment


              #21
              Be prepared and organized on your court date and you shouldn't have a problem. Still doesn't mean you will get paid if you win. I filed the writ of execution and the constables effort to collect was a joke. Took two years of me knocking on the home owners door every weekend to collect $1500 and the he still owes me more. This was in Laredo so I really didn't expect much help from the court in collecting.

              Comment


                #22
                Originally posted by bboswell View Post
                I sued in small claims and won hands down. Never received a dime, just a judgement.

                Waste of time....

                Did you record the judgement in the county real estate records?

                Comment


                  #23
                  take it to small claims court, he has to be able to prove what he is claiming ,, first thing when the case starts is to ask for his before and after pictures he took with a time dated camera.. ask him to supply water bills from the property from previous tenants. if he is going to claim you did not water the lawn, which you might not be responsible for if it was not in your contract for ground maintenance.... depending one where it is you may have simply made a wise choice to conserve water when so much of the state is in drought,,, lots of places will fine you for watering a lawn or even washing a car...

                  you dispute the claims he makes, he will have to provide evidence to support all of them..... but be sure to thoroughly read your contract word for word.... be sure of what your position is it regards to it....

                  Comment


                    #24
                    Spit Arrow and Elf Feet chapter 92 of the Texas Property Code has everything you'll need as far as your rights as a tenant. The section about deposits has some good info in it and lays out the consequences if the rule of law wasn't followed.

                    Comment


                      #25
                      Originally posted by Codie View Post
                      Rob - Kelly request that you take this straight to Judge Judy so that we can watch it all unfold on TV!
                      haha

                      Comment


                        #26
                        Originally posted by Cuz View Post
                        Sucks you got done like that but in most cases the land lord will win. It's your word against his, with the exception of PROOF. Unless you have photo proof of what things looked like before now you're going to have trouble in court. I hope you do win though!
                        Actually, the Texas Property Code says the burden of proof is on the landlord in cases like this. He has to prove that deductions from the deposit were reasonable.

                        Although I can and will prove that we didn't leave the house in poor condition and/or violate the lease in any way, technically I don't have to prove anything. The burden of proof is entirely upon his shoulders.

                        Comment


                          #27
                          My good friend went thru this. Ended up with twice the amount he was supposed to get back! As long as you have your ducks in a row, I would think you would be in good shape.

                          Comment


                            #28
                            It was easy and I won against the guy who I leased a place from but never got to hunt. Only problem is I still have not been paid from him.

                            Comment


                              #29
                              Everyone who gets a judgement from the JP court, or any court, should record it in the deed records of the county(s) where the defendant owns real estate. If he/she ever sells any real estate, the title company will see that you are paid of...with interest. So some day you, or your heirs, will likely get paid.

                              Comment


                                #30
                                I would take it to court on principal. Sucks when people try and take advantage of you. Good luck.

                                Comment

                                Working...
                                X