Potential Renter backed - do I have to return the holding deposit?

[fauve4]

Credit Report?

This was when we discovered the very useful factoid that no winning plaintiff follows the rules & tells the court you've paid, so that it can wiggle its way to your credit report. You may as well take care of this yourself.

Sorry, could someone please explain this to me? Does this mean that this whole mess will go on my credit report even if I loose and pay the person? Will it go on my report if I win? I don't want this on my credit report, I have good credit and don't want this to mess that up!

I don't know what to do here... should I go to court and give it a shot at winning and risk it on my credit report, or just pay this whacko person off and move on with my life - I don't have a written receipt that says non-refundable -- does this mean I'm basically scr#wed? I know this doesn't actually fall under landlord/tenant law in my state because it is an owner occupied/less than 5 unit building... so this is more of a verbal contract issue... not a landlord/tenant law issue...

This whole situation has my stomach in knots!

Thanks!

 

[ENASNI]

We lost & had to pay her the $100. We paid it immediately, but had a ding on our credit report for years, magnified by the fact that the court screwed up and entered it as an unpaid judgment for $1000 instead of a PAID judgment of $100 (this was when we discovered the very useful factoid that no winning plaintiff follows the rules & tells the court you've paid, so that it can wiggle its way to your credit report.

Fauve, I am thinking that superstring needs to explain his comment of the "very useful factoid that no winning planitiff follows the rules". There are ways to make sure that it is filed as paid, maybe he did not follow through with that.
I have no Idea what that means and how a plaintiff can actually put something on your credit report. It looks like a court clerk made an error, two errors in reporting this judgement was paid ($1000 instead of $100) I think that superstring, with all due respect, had gone after this money aggressively, going twice into the plaintiffs bank account and the judge ruled against him for reason's unknown.
I am not going to tell you which way to go, I can understand how nervous this must make you. IF the judgement goes against you, you will probably have to pay the remaining amount of the $500.00 you just make sure it is filed as paid and nothing should go on your credit report as long as the clerk files it correctly. IF the judgement goes in your favor and the check has not been cashed, you ask if you may have it back, or stop payment. (the judge usually is not involved with this, it is the clerks job to handle that.)

You will have paperwork either way. here is a link to help you out, the more information you have, the calmer you will be. Breathe...buddy. Think about what you want to do and keep us posted.
http://www.courtinfo.ca.gov/selfhelp/smallclaims/afterhearing.htm

 

[fauve4]

Sorry ENASNI, I misunderstood SUPERSTRING'S post - I thought he was saying this would go on my credit report regardless of the outcome. I appreciate you clarifying his post for me...

and sorry to be such a spaz... it's just a frustrating situation... I thought I was being very fair by pro-rating and returning some of the deposit... so to get sued is aggravating! It just doesn't pay to be a good person any more these days... there are a lot of snakes out there!

Thanks again for everyone's advice. As long as it's not going on my credit report (I'll make sure to followup on it so it's not).... I'm going to court... unless someone can provide me with some tangible thing that says that NH laws require me to return the deposit... figure I have nothing to loose. I just wish I had given this psycho a written receipt that said "NON-REFUNDABLE on it... live and learn!

 

[ENASNI]

Sorry ENASNI, I misunderstood SUPERSTRING'S post - I thought he was saying this would go on my credit report regardless of the outcome. I appreciate you clarifying his post for me...

and sorry to be such a spaz... it's just a frustrating situation... I thought I was being very fair by pro-rating and returning some of the deposit... so to get sued is aggravating! It just doesn't pay to be a good person any more these days... there are a lot of snakes out there!

Thanks again for everyone's advice. As long as it's not going on my credit report (I'll make sure to followup on it so it's not).... I'm going to court... unless someone can provide me with some tangible thing that says that NH laws require me to return the deposit... figure I have nothing to loose. I just wish I had given this psycho a written receipt that said "NON-REFUNDABLE on it... live and learn!

No problem, be a spaz! Going to court is no picnic. Its not like Dad is saying this Sunday,Hey kids for Father's Day lets go to Court instead of the Monster Trucks Race! I admire what you did, I hope the judge does, but don't call the guy a psycho... come-on

He is a money-grubbing Buttcheese... get the lingo right.

 

[south]

If you go to court be prepared to hear some bullshi@ story from the tenant, if he starts up BS-ing then simply state he was calling you everyother day making sure you were still HOLDING the property for him and you told him many times that you stopped offering it to anyone else and not to worry.

Sorry ENASNI, I misunderstood SUPERSTRING'S post - I thought he was saying this would go on my credit report regardless of the outcome. I appreciate you clarifying his post for me...

and sorry to be such a spaz... it's just a frustrating situation... I thought I was being very fair by pro-rating and returning some of the deposit... so to get sued is aggravating! It just doesn't pay to be a good person any more these days... there are a lot of snakes out there!

Thanks again for everyone's advice. As long as it's not going on my credit report (I'll make sure to followup on it so it's not).... I'm going to court... unless someone can provide me with some tangible thing that says that NH laws require me to return the deposit... figure I have nothing to loose. I just wish I had given this psycho a written receipt that said "NON-REFUNDABLE on it... live and learn!

 

[fauve4]

BS Story Already Given!

SOUTH - The plaintiff has already made up some line of BS in the statement that was provided when the court papers were filed. My plan is to undermine the person's credibility based on the statement that was made. I have some good "evidence" that will prove the lies. Judges don't like liars...

I plan on being completely honest in court. If the Plaintiff lies, that is between their conscious and the greater powers at be in the universe... all I can do in life is live my life to a clear conscience... I believe Karma will come back in the long run to bite this pr#ck in the arse.... even if Ioose in court... I will "win" in the long run by being a good honest person... I will however do my damndest to prove this mother-f is a big fat money grubbing liar! For me, this has become a fight of principle... it's not about money at this point.

Thanks again for everyone's support... it helps.

 

[south]

So I was right the tenant is all ready BS-ing and he is not even in the court room yet, its very hard sometimes to answer lie's when there is no answer for a surprise lie in court.

Greater powers and Karma will not be in court that is just something people mention when they are in hope so do not rely on that old prayer, just be ready for the BS to be laid on real thick, the tenant I would bet is preparing word for word a tall story and answers for what he knows you will say in response.

So you may as well prepare to add it on thick your self.

SOUTH - The plaintiff has already made up some line of BS in the statement that was provided when the court papers were filed. My plan is to undermine the person's credibility based on the statement that was made. I have some good "evidence" that will prove the lies. Judges don't like liars...

I plan on being completely honest in court. If the Plaintiff lies, that is between their conscious and the greater powers at be in the universe... all I can do in life is live my life to a clear conscience... I believe Karma will come back in the long run to bite this pr#ck in the arse.... even if Ioose in court... I will "win" in the long run by being a good honest person... I will however do my damndest to prove this mother-f is a big fat money grubbing liar! For me, this has become a fight of principle... it's not about money at this point.

Thanks again for everyone's support... it helps.

 

[hdworker]

I had a women give me a deposit and ten days later changed her mind, she didn't want the apartment and wanted her money back, I told her no and she sent her uncle to visit me and I said no to him also, so she sued me, in court the magistrate asked me if I knew of any cases like this that I could reference for her, I told her no, so she ended the hearing and did some research and I ended winning the case, the verdict came 3 days later in the mail, the magistrate did say before the hearing ended to put non refundable on the receipt next time to avoid future problems

 

[fauve4]

Question for HDWORKER?

HDWORKER - had the person signed a lease yet or was the deposit that she gave just a holding deposit like in my case? I'm glad to hear the judge ruled in your favor! and would love to hear more details from your case ... if you have the time to share!

SOUTH - I know the person will lie in court... but trust me the story in his statement makes absolutely no sense... and I have proof to substaniate the lies... I mean hard, tangile proof.... If I can prove even one thing in that statement is a lie... the whole story looses credibilitly... I'll let you know the outcome after the court case.

 

[ENASNI]

Fauve, I hope Hdworker comes back with some details too, So that is one story for and one against . hmmm I hope you do come back and tell us what happens.
You do know how to dress for court right? Just be honest and forthcoming, south knows what he is speaking of, but just be honest and the lies will show from the other buttcheese. I think Judges can see through the bull crap. There was a judge that used to post here and if he still did he would probably give his 2 cents and that would be tell the truth and give the judge his due credit of seeing through the sheot.Ya know..

 

[fauve4]

Short skirt, low cut blouse and a push-up?

I wonder how far it would get me with the judge if I wore a short skirt, low cut blouse and a push-up bra? Would probably work against me if the judge is a woman! Seriously though... I may have been a dummy by not giving the buttcheese a receipt that said non-refundable... thankfully I've never had to go to court before... but I will use my common sense when it comes to dressing for court... something conservative.

I'm still really nervous about this whole situation... makes me want to sell my place and get out of the landlord business!

HDWORKER - I'd still love to hear more details from your case if you have the time.

 

[ENASNI]

Depends On What Type Of Woman Judge It Is

I wonder how far it would get me with the judge if I wore a short skirt, low cut blouse and a push-up bra? Would probably work against me if the judge is a woman! Seriously though... I may have been a dummy by not giving the buttcheese a receipt that said non-refundable... thankfully I've never had to go to court before... but I will use my common sense when it comes to dressing for court... something conservative.

I'm still really nervous about this whole situation... makes me want to sell my place and get out of the landlord business!

HDWORKER - I'd still love to hear more details from your case if you have the time.

Heck, bring cookies... Good luck... This is just the first time, it will only bring you experience and that is good. You can do this! Yes Conservative but do not look like you are rolling in the dough either.

 

[Who's Liable?]

This post is so damn BORING!

 

[fauve4]

Court tomorrow!

Any final words of wisdom before I head off to court tomorrow?

 

[txlandlady]

Just wanted to say good luck..............

Any final words of wisdom before I head off to court tomorrow?

Please let us know what happens.

Have you mellowed out a bit to the point where you're not ready to give up landlording? Or are you waiting to see if you win? We've been doing this for 10 years and overall have had really good experiences, few problems, and as of yet(knock on wood) haven't been to court. There have been some times we could have taken tenants to court but decided it wasn't worth our time, but that would be a whole other post............... Isn't it funny how the bad always manages to overshadow the good!?!

Your BF is going to be there to state what he heard, right? I sounded like you were on the right track in your earlier posts. Just be honest, professional and it can't hurt to play up the fact that you DID issue them that partial refund even though you don't believe you would have had to. That shows that you are not just trying to pocket their $$ - just covering your expenses.

Go get 'em..................
Karla in Amarillo