Anyone here who have successfully filed a small claim on their landlord?

I would like to chat with someone who had to file a small claim against their landlord and won. I am in a situation where I may have to do the same and I wanted to see if there was someone here who has some experience in this because all of this is making me super anxious. I cannot afford a lawyer and I have contacted just about every free, non profit resources and they either cannot help me, or do not answer the phone. I really need some advice here but I would much rather talk privately 1 on 1 with someone and just ask some questions. So please someone dm me

Edit: I understand that this is probably not the best place to ask for legal advice but I am getting desperate. I am in a shitty situation and small claim seems to be the only choice I am left with and if that is the case, I want to know all what to expect.

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Ontheroad · M

First things first. You need to do a thorough search of your city, county, and state tenant-landlord laws. Once you have done that and can determine you have a case, then you can go forward.

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CriticalGamer · 26-30, F

@Ontheroad I sent you a dm, please check

NativePortlander1970

@CriticalGamer I'm giving you the same advice my step sister gave me 23 1/2 years ago when I wanted to tell my own landlord at the time I was going to sue and with hold rent if he didn't repair the hole in my ceiling that fell in from rain damage, she told me under no circumstances should I give him such an ultimatum.

CriticalGamer · 26-30, F

@NativePortlander1970 I know I didn't go into specifics but I am dealing with a completely different situation

Rudboy41 · 41-45, M

Back in 2016 i took my landlord to housing court in south africa for witholding my security deposit, he recieved the summons to appear in court and on the day he never pitched up, so i won the case with by default judgement. I didnt get my money back but the landlord did get a bad rating on his credit score. In housing court you dont need a lawyer to represent you and it also caters specifically to tenant/landlord disputes as opposed to small claims court which has many different types of cases not just related to rental disputes

CriticalGamer · 26-30, F

@Rudboy41 How did not get your money back? Isn't there a way the judge can enforce them to pay?

Rudboy41 · 41-45, M

@CriticalGamer what you are referring to is an attachment order. So for example my deposit was sitting in the defendants bank account, he has rights to that account that i cant just over rule, despite me proving to the court that the money belongs to me, not without a court approved attachment order anyway, if i did have such an order then i would serve it to the defendants bank and they would then transfer the funds without his approval. Remember "innocent until proven guilty" just because i won the case there was there was still the problem of enforcing an attachment, and without proving beyond any doubt that i was entitled to that money( such as allowing the defendant to make a statement) i had no future legal precident to use to get money back. The court allowed a default judgement but that still gave the defendant the ability to appeal and pay back the money thereby removing the black listing but my case rested there.

Rudboy41 · 41-45, M

@CriticalGamer so to answer your question, after winning in housing court, if i wanted to get my money back i would have had to apply to higher court, the magistrates court, to apply for the attachment order, and undorrunately the magistates court is more formal and would have required an attorney, and then i would have been throwing good money away on lawyers fees, to recover bad debt, so the cost outweighed the benefit unfortunately.

in10RjFox · M

Yes I have done it in Singapore as we have what is known as Small Claims Court.

But it's case to case and If justifiable you can make a Big Claim.

CriticalGamer · 26-30, F

In the states we don't have or call it "big claim", just a lawsuit

in10RjFox · M

@CriticalGamer so what's the issue?

NativePortlander1970

Call your local Legal Aid office, thsy may be able to help.

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CriticalGamer · 26-30, F

@NativePortlander1970 Yea maybe. I wouldn't put it passed it so I will not argue there

CriticalGamer · 26-30, F

@NativePortlander1970 I even called two different counties of that same legalaid, both said the same thing. So if they were both lying that is crazy

NativePortlander1970

@CriticalGamer Numerous connected counties go through the same district, so it would be plausible.

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