What to Do When Your Former Landlord Won’t Give Your Security Deposit Back
Get the help that you need from Ace Small Claims today. Were you promised your security deposit back if you fulfilled your landlord’s contracted list of instructions but have yet to see a cent of the money you paid in? If that sounds like you, it’s time to stop waiting to receive your cash. Ace Small Claims can get you what you deserve without delay. How We Can Assist You Our team of dedicated specialists helps you file forms with small claims court, so you get what is justly yours after months of waiting. Rather than do without the money that you paid in as a security deposit, you’ll pay a small fee to have us assist you with the filing process. You can then count on being awarded your security deposit back if the court rules in your favor. Some landlords count on your inability to speak up for yourself. They take advantage of your good nature by taking longer than necessary to pay you back your security deposit. That, or they hit you with unsuspected fees that bring your balance down to nothing. You can have your day in court with the assistance of Ace Small Claims. We’ll do the hard work for you. Sit back, relax, and wait for your day in court. You’ll find out when you need to appear. That’s all you need to do when you work with us. Let Us Make Arrangements to Get Your Security Deposit Back in Record Time Ace Small Claims helps get your money back to you in record time. Let us file small claims forms for you. You’ll get a response from your former landlord in no time because people feel compelled to contact you to avoid legal action. You won’t get the run-around you experienced before from the person you rented a property from in the...
Read More7 Steps for Taking Your Small Claims Case to Court
Your guide to having a more successful outcome overall. Before you decide to sue another person, it’s important to try to resolve the issue as amicably as possible. If you don’t need to involve the court system, you won’t be forced to pay for filing fees, court costs, and a lawyer. You can approach it in two different ways. The first is to send a demand letter, and the second is to try mediation. The seven steps necessary for taking your small claims case to court, according to the California Courts are: Naming the Defendant. This step refers to the person or business that owes you money.Asking for the Money Due to You. If the Defendant doesn’t handle the request in a reasonable amount of time, going to small claims court may be the right option for you.Discovering a Court That Will Hear Your Claim. You won’t need to spend an extensive amount of time locating a judge to hear your case because Ace Small Claims Service helps you with this step.Filling Out Forms for Court. When you provide your information to us, we fill out all the necessary paperwork, so you don’t need to.Filing a Claim to Be Heard by a Judge. Paying for our service ensures that we’re the ones standing in line to file your claim, not you.Having a Claim Served to the Defendant. This step occurs when the person you’re suing gets notice of the lawsuit.Going to Court When You’re Ordered to Do So. The court sets a time and date for your trial, which you’re required to be present for throughout the proceeding. Going through the hassle of filling out paperwork and standing in line to file it is unnecessary. With Ace Small Claims Service, you’re not required to do either task. We do it for you, so you can better spend your time preparing for your case. Contacting us by phone allows us to discuss the process and flat fee we charge for helping you with your request. By the time we finish our part of the agreement, all you need to do is show up at the scheduled time and date dictated by the...
Read MoreService of Process in Small Claims Cases
Cases filed in small claims courts are unique from other types of cases in that they are limited in the amount the claim can be for. Most often, the claim must be under $5,000. Some types of cases are not allowed in small claims courts, such as medical malpractice lawsuits. Cases in small claims must be handled in special courtrooms that deal with these sorts of claims on a regular basis. A large number of people who file small claims cases handle the cases themselves rather than hiring a lawyer. If they do, they are required to still follow the rules as a lawyer has to, including knowing when the paperwork necessary to start the case is filed. They also must ensure that the defendant is aware of the lawsuit. Every defendant is required by law to have received legal notice of any claims made against them so they have a chance to be prepared to defend. Defendants must be served papers regardless of their place of residence, even if they live with the person filing the claim. Papers can be served for small claims court cases in several ways but some are better than others. For example, papers may be approved by the court to be served by certified mail but this method does not guarantee that the defendant will receive the paperwork. Person service is the most ideal type of service because it ensures that the correct person receives the notice. It can be difficult to serve papers for a case. There are often limitations pertaining to who is approved to serve papers and it can be hard to find the defendant. This is why the help of process servers is sought in small claims cases. If you have a small claims case to settle and need help getting documents to the person you are suing, reach out to us...
Read MoreWhat Types of Cases are Allowed in Small Claims Court?
Small claims court is a platform that individuals and businesses can use to resolve small monetary disputes. But how small are those disputes? What types of cases can be resolved in small claims court? Depending on your state, small claims court lawsuits are limited to amounts between $3,000 and $10,000. But many types of claims are not allowed in small claims courts, even if the claims land within the aforementioned dollar limit. Common Claims Allowed in Small Claims Court Claims that are most commonly made in small claims court involve failure to pay money or perform a service, such as failure to: Repay a loanReturn a security depositFix an appliance or car properlyMeet the terms of a service contract Some states may also have a rule on other types of legal disputes. These include evictions or restitution (requests for the return of an item of property). When disputes involve money, you can typically file in small claims court. Claims Not Allowed in Small Claims Court Regardless of where you live or plan to file, you cannot file the following in small claims court: Name changesDivorceGuardianshipBankruptcyEmergency relief requests such as injunction In some states, you also cannot file lawsuits in small claims based on slander, false arrest or libel. Lawsuits against federal agencies, the federal government, or federal employees regarding actions related to his employment are also not allowed within small claims court. These suits typically need to be filed in a federal court, such as the Court of Claims or the Tax...
Read MoreHow to Collect on a Small Claims Judgement
Congratulations – you have won your case in small claims court. The judge has issued a judgement against the opposing party, requiring payment to be made to you. Now you have to collect on that judgement – but it is not always as easy as it sounds. Sometimes the other party is reluctant to pay. Below are your options for collecting the money due to you. First, you need a written document from the court, giving you permission to pursue collection of this debt. The document is often called a writ of garnishment, a writ of execution or a writ of attachment (depending on the court). Once you have the document, you have several options for collecting on the small claims judgement. Note that some options may not be available in your state. Installments You can request that the court require the other party to make installment payments to you. Bank Levy A bank levy is court order to seize a portion of someone’s bank account. (Tax payments and child support payments are typically protected from being seized.) Property Lien If the debtor owns property, you may be given a lien against the property by the court. If he owns a home, you may be able to get a real estate lien against the property. You cannot get your money until the property is sold, unfortunately, so this may not be the best option if you want to get paid soon. Mechanic’s Lien If you are owed money for work you did on a construction project, you may be able to get a mechanic’s lien to obtain money due to you. Wage Garnishment This is an easy way to collect a debt. You can ask the court to garnish the person’s wages by taking a certain percentage of a person’s pay. Collections Agency You can also turn your debt over to a collections agency. This agency will pursue payment for you while taking a percentage of the amount paid to you. This option is usually pursued as a last...
Read MoreDon’t Procrastinate Filing Your Small Claims Case
If you have a case that you want to take to small claims court, it is important that you file it as soon as reasonably possible. Why? Because there is a time limit for filing! Aside from filing as soon as possible to get to the end of a matter, there are also legal reasons to go to small claims court before it is too late. Statute of Limitations Each state places limitations on how late is too late to sue another party. This limit is a hard and fast legal rule and is referred to as the Statute of Limitations. If Bob chooses to sue John, the statute of limitations for him is three years, which means that Bob needs to file his lawsuit within that time frame. But the timetable isn’t always black and white. Some types of cases or claims asserted in lawsuits may be under a different statute of limitations period. For example, a case for personal inquiry may be under a shorter statute of limitations period than a case for a breach of contracts. Other circumstances may also delay or extend the start of the time period, such as if it is difficult to obtain information from a party who is incapacitated for a time so they cannot sue or be sued. Other Considerations Typically a statute of limitations is a firm rule, so it is advised that you try to keep that timetable in mind. But there are also other practical considerations when it comes to choosing when to go to small claims court. You may need time to gather witnesses or documentation, such as a lease or contract. You may also need time to determine if you even have a case and what you should do next. You might also be able to resolve the matter with the opposing party outside of a courtroom. Sometimes just the threat of a lawsuit brings about results. If you do have a case, it is important that you file it before the statute of limitations expires as courtrooms do not look favorably on cases filed after the...
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