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Well, that wouldn't be a security deposit then, that would just be an extra payment. Not that that helps you, but I'm sorry your landlord is a dickwad.
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Apr 26, 2014 22:26
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buttcoin smuggler fucked around with this message at 00:06 on Apr 27, 2014 |
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Apr 26, 2014 22:28
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I *think* in most states (and definitely in my home state, AK) the landlord has to provide you with an itemized list of expenses that were deducted from your security deposit. Failure to do so means the landlord forfeits the entirety of the security deposit. Also, the security deposit is not a cleaning deposit and such expenses can not be assessed against it. It is strictly for covering abnormal damage to the place. But again, that's all in AK, I don't know about your situation. Isn't small claims usually pro se anyhow? Like, the judge is used to exactly this situation and you probably don't have to worry so much about getting steamrolled by Big Lawyer Dude™. I would say that, if it comes to it, show up to small claims dressed nicely with a copy of all the documentation you have, explain the situation when asked, answer any questions, and if you lose, you're only out your time and your security deposit. That ain't such a bad deal. Mind you, I am not a lawyer and have never been in court except on a jury. But that is how I'd handle it. 
Bad Munki fucked around with this message at 22:44 on Apr 26, 2014 |
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Apr 26, 2014 22:41
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buttcoin smuggler fucked around with this message at 00:06 on Apr 27, 2014 |
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Apr 26, 2014 22:48
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No competent lawyer will appear in court for $100 and actually argue something.
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Apr 26, 2014 22:54
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You should call your state or city bar association and ask them for a referral. Very often this will let you speak to an attorney in the right field at a discounted rate (when I did this I got to consult an attorney for $25). They can tell you what they can do for you and what they will charge. You don't have to retain them, and just having this information will be useful.
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Apr 26, 2014 22:56
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buttcoin smuggler fucked around with this message at 00:06 on Apr 27, 2014 |
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Apr 26, 2014 22:59
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nm posted:No competent lawyer will appear in court for $100 and actually argue something. I do this for my ultra poor legal aid clients, with the goal of teaching the landlord that their tenants have rights blah blah. Then again, it's debatable whether a legal aid lawyer is competent though.
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Apr 26, 2014 23:04
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100$ to appear in court holy hell, hahahah.
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Apr 26, 2014 23:35
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By the way, land lords are usually the most politically connected people in a local court setting, so uh, good luck pro se.
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Apr 26, 2014 23:38
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euphronius posted:By the way, land lords are usually the most politically connected people in a local court setting, so uh, good luck pro se. A landlord who says a security deposit is non-refundable is probably not the politically connected sort. That type would have given him a bullshit list of painting repairs that would eat up his $300 or whatever.
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Apr 26, 2014 23:44
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buttcoin smuggler fucked around with this message at 00:05 on Apr 27, 2014 |
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Apr 26, 2014 23:45
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For a security deposit dispute, if it's a 50,000$ deposit from your beachside apartment on the moon, then okay a lawyer makes sense, but usually we're talking not in excess of 2000 dollars. That's pretty much what small claims is for and you're on your own, but that's not really a bad thing. Dress nicely with a suit and tie, speak when spoken to, know your poo poo before you go in and if the landlord's enough of a dickwad to say your deposit is non-refundable (seriously, did they say that? I can't think of any state where that would fly... maybe Mississippi?) that will hopefully shine through and you get to be made whole. Here's the section of the law pertinent to security deposits in Missouri: http://www.moga.mo.gov/statutes/c500-599/5350000300.htm And yeah, some landlords are politically connected, but there are also the "inherited-from-daddy disrespectful shits that get under judge's nerves" and "skeevy slumfuckers with short tempers and poo poo for brains" types.
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Apr 27, 2014 00:03
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Thanks for the help and the dose of reality.
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Apr 27, 2014 00:05
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The only concern I might have (and I have no idea if it's actually plausible) is that the landlord might decide to try to gently caress you over and countersue on a bunch of made up damages. Is that a danger that could actually happen outside judge judy?
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Apr 27, 2014 00:06
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Bad Munki posted:The only concern I might have (and I have no idea if it's actually plausible) is that the landlord might decide to try to gently caress you over and countersue on a bunch of made up damages. Is that a danger that could actually happen outside judge judy? Very possible, hopefully buttcoin smuggler has some sort of letter of legal recording of the landlord saying the deposit is non-refundable (buttcoin smuggler: document everything if you're not already), but if the landlord is beyond the 30-day limit for reporting the damages and didn't send that list of damages by certified mail, they'd have a bit of a hill to climb. I'd say the risk of a judge rewarding more than the security deposit would be low unless the judge is corrupt, though. (And don't forget sometimes the threat of taking someone to court is enough for them to say "Oh hey silly me I didn't type non-refundable I typed now-refundable, must've been a typo! Didn't you get the cheque yet? No? Oh well, I'll send you another one right away!" Sadly, that's how I've had to get my last 2 security deposits back.)
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Apr 27, 2014 00:15
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I'm a public defender and my minimum charge for a misdo is $157. Not that I see any of that money. (A REAL LAWYER (TM) costs more)
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Apr 27, 2014 01:32
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Our arraignment court also does unlawful detainers and the like. Those people get steamrolled like gently caress. For pro pers, they always get hosed if the other party has any attorney, because that attorney should know at least something (if only how to talk to a judge and file papers). seriously, saw a woman demur because she had paid her rent. She brought her cancelled check with her. This is the wrong way to do that. Judge hit her with attorney fees for a frivolous motion. Even though it appeared she was factually correct, she was legally incorrect.
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Apr 27, 2014 02:16
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nm posted:seriously, saw a woman demur because she had paid her rent. She brought her cancelled check with her. This is the wrong way to do that. Judge hit her with attorney fees for a frivolous motion. Even though it appeared she was factually correct, she was legally incorrect. Can you translate that for us non-lawyers?
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Apr 27, 2014 16:57
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SkunkDuster posted:Can you translate that for us non-lawyers? Good demurrer: "Judge, assuming I did damage the floor, he's still not entitled to money because under the Landlord and Tenant Act he waited too long to mail me notice" "OK I guess!" Bad demurrer: "Judge, they claim I damaged the floor and I didn't" "Then why the gently caress did you demur GOD DAMMIT <karate chop>"
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Apr 27, 2014 18:02
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SkunkDuster posted:Can you translate that for us non-lawyers? It means you need a lawyer or what the guy above me said.
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Apr 27, 2014 21:10
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I went into court pro se against someone who was also pro se and also eyeball-licking crazy. As in 'You are pouring radiation into my kitchen while I sleep, but the power of Jesus Christ will protect me from your witchcraft' (actual claims). It wasn't a complete disaster, but we definitely ended up with less than we could have had because we didn't really understand the court or how and when to introduce evidence and testimony. Always get a lawyer.
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Apr 27, 2014 21:59
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When I was summer interning at small claims court (fun!), two classmates of mine sued each other pro se over a couch The judge was not pleased
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Apr 27, 2014 22:14
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I thought small claims was always pro se?
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Apr 27, 2014 22:19
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WhiskeyJuvenile posted:The judge was not pleased Sometimes, judges can be fun though. Judge Samuel B. Kent of the United States District Court for the Southern District of Texas: "This case involves two extremely likable lawyers, who have together delivered some of the most amateurish pleadings ever to cross the hallowed causeway into Galveston. . . . [A]ttorneys have obviously entered into a secret pact – complete with hats, handshakes and cryptic words – to draft their pleadings entirely in crayon on the back sides of gravy-stained paper place mats, in the hope that the Court will be so utterly charmed by their child-like efforts that their utter dearth of legal authorities in their briefing would go unnoticed." Bradshaw v. Unity Marine Corp., 147 F. Supp. 2d 668, 670 (S.D. Tex. 2001).
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Apr 27, 2014 22:23
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FrozenVent posted:I thought small claims was always pro se? Nope. Its just that the $$amount in controversy is usually so small that hiring a lawyer is cost-prohibitive.
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Apr 27, 2014 22:25
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It varies by state, for example "Small Claims Court" in virginia is pro se only accelerated docket. Hiring a lawyer just boots it to the regular docket.
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Apr 27, 2014 22:45
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In Quebec, you're prohibited from being represented in small claims unless you're a corporation, and if you're a company, your representative can't be a member of the Bar. Simplifies things TBH.
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Apr 28, 2014 03:20
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blarzgh posted:Nope. Its just that the $$amount in controversy is usually so small that hiring a lawyer is cost-prohibitive. In CA I believe you cannot have an attorney in small claims court.
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Apr 28, 2014 17:35
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woozle wuzzle posted:It varies by state It gets us all, eventually.
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Apr 28, 2014 17:43
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blarzgh posted:It gets us all, eventually. yup, hehe
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Apr 28, 2014 18:53
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patentmagus posted:IAAL Judges Judy and Mathis are great fun to watch. The parties spew all sorts of weird poo poo at the judge and the judge, as often happens, draws them out a little and checks out any evidence. Then the judge applies text book legal reasoning and the law to the situation. It's often an amazing demonstration of issue spotting followed by a detailed understanding of the law. Judge Joe Brown heavily disappointed me once. A guy was suing a co-worker for a bunch of money he loaned her. Story behind it was that she had a relative in another country die and she was going to get a big inheritance and she just needed money to get the process all going. She kept making a bunch of required payments and eventually had to borrow money from other people until her big payday. I was waiting for him to ask if she heard about this relative through an email but he never picked up on her being scammed like that and everyone was still acting like her inheritance was still in the works. I was hoping he'd start drawing out the obvious facts of the scam before yelling at her for being a complete idiot but nope, never happened.
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Apr 28, 2014 20:08
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Is there a ballpark amount I can expect to pay an attorney for drafting and sending a legal demand/settlement letter? In this instance, it would be something along the lines of "you have broken these laws that carry these civil penalties on average and we are demanding compensation of $x or we will file this suit in court"? In California if that matters. We were quoted $3k, which seems really high to me, but if that's what it costs, that's what it costs.
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Apr 29, 2014 04:05
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That seems high for just the letter... but... it's not just the letter. It's a retainer that the attorney will draw from, billing at their rate. They are anticipating the thing will spiral out of control. If it's just a 2 page letter with no follow-up, then you should be getting some of that money back. (If not then red alert) But EVERYONE says their case will be easy. Just this one letter. But then the other party turns out to be insane, calls 20x, you turn out to be more insane, you call 40x. Then you swear they promised it would work, you tell them you'll complain to the bar if they don't file the underlying lawsuit when the letter fails. That lawyer has seen this craziness happen. $3k weeds out the bums and means if it turns out that you are a crazy person they'll at least be covered if the thing goes long. I wouldn't pay $3k flat. But if it's a refundable retainer of $3k drawn down at a billable rate, then in your market and with your issue it could be quite fair.
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Apr 29, 2014 04:17
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RaoulDuke12 posted:Is there a ballpark amount I can expect to pay an attorney for drafting and sending a legal demand/settlement letter? In this instance, it would be something along the lines of "you have broken these laws that carry these civil penalties on average and we are demanding compensation of $x or we will file this suit in court"? Make friends. I send letters like this for friends frequently, because gently caress slum lords and industry employers that prey on cheap labor of people trying to break into the industry. Honestly it's not the letter but more than the letterhead and bar number that will get people's attention. Also be very careful about this, sending a letter saying "give me money or ill sue," can be interpreted as extortion if it isn't handled right. This does not constitute legal advice and I am not your attorney. xxEightxx fucked around with this message at 05:00 on Apr 29, 2014 |
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Apr 29, 2014 04:58
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Its never "just the letter."
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Apr 29, 2014 05:06
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xxEightxx posted:This does not constitute legal advice and I am not your attorney. I am your personal attorney giving you a DIRECT LEGAL ORDER to send me yer money.
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Apr 29, 2014 05:17
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blarzgh posted:Sometimes, judges can be fun though. Haha this is still one of my favorite cases of all time, along with "United States ex rel. Gerald Mayo v. Satan and His Staff" quote:While the official reports disclose no case where this defendant [Satan] has appeared as defendant, there is an unofficial account of a trial in New Hampshire where this defendant filed an action of mortgage foreclosure as plaintiff. The defendant in that action was represented by the preeminent advocate of that day, and raised the defense that the plaintiff was a foreign prince with no standing to sue in an American Court. and Stambosky v. Ackley: quote:From the perspective of a person in the position of plaintiff herein, a very practical problem arises with respect to the discovery of a paranormal phenomenon: "Who you gonna' call?" as a title song to the movie "Ghostbusters" asks. And these aren't even the most ridiculous cases that come up. quote:Its never "just the letter." Yep, they should send you a retainer that shows exactly what the agreement would be, but usually retainers are based on estimates of a worst-case scenario and the money will only be used if needed. We had some matters that we would need a 10-$15,000 retainer even to take because they tended to spiral into a contentious mess due to the issues involved and no client ever believed it would turn out that way because their family was different, blablabla. I had a friend who had a similar situation where she hired a lawyer just to write letters to deal with a dispute between neighbors and the thing ended up being far more than just a couple of letters, dragged out for years and drained my friend's savings. And it was all over a tree that one party wanted cut down to a certain height and the other did not want to cut. But it was a matter of two extremely contentious and stubborn parties, one of whom had a lot of money and was willing to spend it to get what they want and the other who simply couldn't let go once they'd invested so much time and money into it.
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Apr 29, 2014 05:32
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woozle wuzzle posted:That seems high for just the letter... but... it's not just the letter. It's a retainer that the attorney will draw from, billing at their rate. They are anticipating the thing will spiral out of control. If it's just a 2 page letter with no follow-up, then you should be getting some of that money back. (If not then red alert) Ah okay, I guess he didn't explain it that well to me then, I'm happy to put down whatever he needs me to on retainer for any potential future stuff. The way he explained it was, draft letter, pay $3k. I will have him clarify. I grew up in St. Louis and those sort of things don't cost as much there but LA is LA. I'm well aware that a case going to trial could easily run upwards of $20k, so I'm assuming he's trying to save me money through this method, but I just wanted to ask. quote:Make friends. I send letters like this for friends frequently, because gently caress slum lords and industry employers that prey on cheap labor of people trying to break into the industry. Honestly it's not the letter but more than the letterhead and bar number that will get people's attention. As the son of an attorney, I've gotten my fair share of free legal assistance, now that I live in a different state I'm happy to pay for it, but yeah, having friends in that field is very helpful sometimes. The attorney I'm talking to specializes specifically in the field I'm asking him to pursue the case in and comes highly recommended, so I'm trusting that he knows what he's doing and is handling it right. I would ask my dad directly about this but it's a private matter I'd prefer he not be involved with. Thanks everyone for your not-legal advice. On a completely unrelated note: if anyone in the California area is looking to trade legal representation for commercial production, I might know a guy who's probably going to eat through his retainer pretty quickly.
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Apr 29, 2014 05:58
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Anyone know anything about the Lakotah attempts to create their own nation? What are the likely results of such an act? From what I've read the gov't has already admitted fault by paying out monies so what legal angle will they take, or will they just say 'we have the guns, you are not leaving'?
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Apr 29, 2014 20:57
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