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How do you take a case to civil court?

Category: Law & Legal

Ashlyn wAshlyn w


My old apt complex slapped me with a 930 00 bill how can I take them to court I had bed bugs for 6 months a bed that broke they didn't fix I honestly think they took advantage of me because of my age I'm 26 and lived alone please help

Prorkycake
Prorkycake

Well, I sincerely hope that you have written documentation of each and every time you requested a repair and it went ignored. Otherwise, these "after-the-fact" complaints of them being bad landlords is just hearsay. If you learn something from this whole experience, learn this. When dealing with landlords, always assume they are trying to screw you. That means, each time you request a repair, write a letter and send it by certified mail with a return receipt. It will cost you close to $6.00 each time, but you will have a green card that is proof in court that they received your repair requests and they went unanswered. You will also have a copy of the letter you wrote.

Everything in life is how much you can prove because people are not out to help you. Especially landlords.

With that said, why would you want to spend money to sue them? To file an original petition in a small claims court will cost you around $100. You have to pay to have them served, plus court costs. I am not understanding why you would want to pay to fight paying something.

Write them a letter via certified mail return receipt requested, and ask for invoices and/or proof that you owe them $930.00. They are required to send you some kind of invoice and provide some kind of documentation that you owe them money. Request a copy of your move in inspection sheet. You should never move into an apartment if you have not filled out a move in inspection sheet. This way, they can't charge you for items and wear and tear that was pre-existing. If you didn't do this, now you know. Then state that you are not paying at this time until you receive proof that you owe this money. You should always take pictures of the condition of the apartment before you move in, and after you move out. Generally, they have 14 days to notify you of any charges, etc. In some states, if they do not notify you within that window, you do not owe them anything. Check your state's move-out laws.

Saying they were bad landlords is not a defense to the charges they are billing you. Many people fall into the assumption that saying they didn't fix something automatically gives you credit for something. That is not the case. Unless you have detailed documentation of each request for repairs, the Court will consider it hearsay. It is your word against theirs.

Judy
Judy

Find your local small claims court, and they'll give you a form to fill out.

But what's this bill for? If you don't feel you owe it, don't pay it but send them a letter detailing why.

Good luck.

Cocoa Dusted Love
Cocoa Dusted Love

You should really seek legal advice, even if it's free advice at your local citizens advice bureau or university law school. You don't have to go to court straight away. To lodge a civil claim you need to prove that you have suffered a financial loss, which you don't seem to have. Just don't pay the bill but get a solicitor to write them a letter detailing why you are not paying, and if they want to pursue it, THEY can go to the civil court and sue you (it is really expensive to pursue a claim so let them waste their money instead of you), then you get to defend yourself and say you had bed bugs, etc. But be prepared to show physical proof (i.e. photographs, witness statements, etc.) of what you claim.


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