I overpaid my LL by $1500. I asked to have the funds returned and LL refused. I will not be renewing my lease. Do I have to go to court to get LL to refund? ...

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I overpaid my LL by $1500. I asked to have the funds returned and LL refused. I will not be renewing my lease. Do I have to go to court to get LL to refund?

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DakotaLegal's picture

 

 
You probably will not have to go to court…but certainly get ready to. Most of the time, an owner won’t go to the trouble of defending an open-and-shut case, so long as they know they are wrong. On the other hand, there are sometimes complications, such as proving the landlord acted as the “agent” for the property owner…and it’s usually the property owner (rather than the landlord) you want to sue. So whether you have to go to court to collect is usually a matter of several factors. Three typically important things are: (1) how much proof you have (how strong a case is this of your having over-paid?); (2) Is the landlord likely to simply leave the job and can they take your money? and (3) Is the landlord/owner judgment proof?
 
Based on your income, you might be eligible for very affordable (even free) legal help… http://www.valegalaid.org/. This service might be able to resolve the matter by simply sending a demand letter.
 
Many times, simply promising to take the complaint further is enough to get the action you want. You can tell the landlord you intend to make a complaint to the local Better Business Bureau: http://richmond.bbb.org/Find-Business-Reviews/. Whatever communication you have with them from now on needs to be in writing, so you can better use it as legal evidence.
 
Though most claims will tend to settle before going to court, it is also true that readying a case for court encourages a settlement. So let’s go on the assumption you need to prepare for a court hearing. Fortunately, the amount you are claiming means you can avoid many of the hassles, costs, and complications of a superior court. Since your total damage is under $5,000, here’s information on preparing your case for a Virginal small claims court (that’s the General District Court in Virginia) http://www.courts. state.va.us/resources/ small_ claims _court_procedures.pdf, and then, here’s what your complaint form will probably look like: http://www.courts.state.va.us/forms/district/dc402.pdf.
 
1. Your Evidence.
 
When you consider calculating this mistaken payment(s), always consider whether the party being overpaid has an excuse or reason for keeping the money: what we’ll consider to be a legal defense. So the issue of “how or why” did you overpay by such a large amount is an issue. Was there a slow rate of overpayment, for a year? Did they intentionally misrepresent the amount due or levy some special fee? Could it be applied as late fees?
 
Any possible defense by the landlord/owner to your claim might also excuse any other damages you need to ask for. Still, be ready to calculate these special damages, including interest on the overpayment and any costs associated with your complaint: copying fees, certified mailing expenses, and court filing fees.
 
Be careful who the named defendant is. Your landlord may or may not own the building. Even if you understood they are the owner, check the local records and see how they own the property (such as having been incorporated or run as a partnership). Most Virginia auditors’ offices are on-line, and you can search for the property by physical address (for example: http://gisweb.albemarle.org/GISWeb/Welcome.aspx)
 
3. Collecting Your Judgment
 
Winning a judgment may not mean you get the money. Being “judgment proof” means you may have to file for enforcing your judgment. But if you’ve properly named the defendant, and they have equity in the property, you will probably eventually collect your judgment by following these procedures: http://www.valegalaid.org/.
 
 

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DakotaLegal's picture

 

 
You probably will not have to go to court…but certainly get ready to. Most of the time, an owner won’t go to the trouble of defending an open-and-shut case, so long as they know they are wrong. On the other hand, there are sometimes complications, such as proving the landlord acted as the “agent” for the property owner…and it’s usually the property owner (rather than the landlord) you want to sue. So whether you have to go to court to collect is usually a matter of several factors. Three typically important things are: (1) how much proof you have (how strong a case is this of your having over-paid?); (2) Is the landlord likely to simply leave the job and can they take your money? and (3) Is the landlord/owner judgment proof?
 
Based on your income, you might be eligible for very affordable (even free) legal help… http://www.valegalaid.org/. This service might be able to resolve the matter by simply sending a demand letter.
 
Many times, simply promising to take the complaint further is enough to get the action you want. You can tell the landlord you intend to make a complaint to the local Better Business Bureau: http://richmond.bbb.org/Find-Business-Reviews/. Whatever communication you have with them from now on needs to be in writing, so you can better use it as legal evidence.
 
Though most claims will tend to settle before going to court, it is also true that readying a case for court encourages a settlement. So let’s go on the assumption you need to prepare for a court hearing. Fortunately, the amount you are claiming means you can avoid many of the hassles, costs, and complications of a superior court. Since your total damage is under $5,000, here’s information on preparing your case for a Virginal small claims court (that’s the General District Court in Virginia) http://www.courts. state.va.us/resources/ small_ claims _court_procedures.pdf, and then, here’s what your complaint form will probably look like: http://www.courts.state.va.us/forms/district/dc402.pdf.
 
1. Your Evidence.
 
When you consider calculating this mistaken payment(s), always consider whether the party being overpaid has an excuse or reason for keeping the money: what we’ll consider to be a legal defense. So the issue of “how or why” did you overpay by such a large amount is an issue. Was there a slow rate of overpayment, for a year? Did they intentionally misrepresent the amount due or levy some special fee? Could it be applied as late fees?
 
Any possible defense by the landlord/owner to your claim might also excuse any other damages you need to ask for. Still, be ready to calculate these special damages, including interest on the overpayment and any costs associated with your complaint: copying fees, certified mailing expenses, and court filing fees.
 
Be careful who the named defendant is. Your landlord may or may not own the building. Even if you understood they are the owner, check the local records and see how they own the property (such as having been incorporated or run as a partnership). Most Virginia auditors’ offices are on-line, and you can search for the property by physical address (for example: http://gisweb.albemarle.org/GISWeb/Welcome.aspx)
 
3. Collecting Your Judgment
 
Winning a judgment may not mean you get the money. Being “judgment proof” means you may have to file for enforcing your judgment. But if you’ve properly named the defendant, and they have equity in the property, you will probably eventually collect your judgment by following these procedures: http://www.valegalaid.org/.