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Mickie3 said:   SUCKISSTAPLES said:   OliverQuackenbush said:   if you want only the $250, then show up at the office if their voicemail is full and ask for it.
if you want $750, file suit one day and serve them with a rule 68 offer for $750 on the next day. you better be damn sure you are entitled to $750 tho, otherwise you will end up owing them a whole bunch of money. but my secret rule 68 legal method gets things done real quick.

Sounds a lot like rule 998 in ca


They are advocating to go into federal court for the recovery of a 250$ security deposit?


where did you get that idea? there are specific requirements your lawsuit must meet before you can go into federal court. they are fairly rare. what makes you think op can go to federal court over this matter?

OliverQuackenbush said:   Mickie3 said:   SUCKISSTAPLES said:   OliverQuackenbush said:   if you want only the $250, then show up at the office if their voicemail is full and ask for it.
if you want $750, file suit one day and serve them with a rule 68 offer for $750 on the next day. you better be damn sure you are entitled to $750 tho, otherwise you will end up owing them a whole bunch of money. but my secret rule 68 legal method gets things done real quick.

Sounds a lot like rule 998 in ca


They are advocating to go into federal court for the recovery of a 250$ security deposit?


where did you get that idea? there are specific requirements your lawsuit must meet before you can go into federal court. they are fairly rare. what makes you think op can go to federal court over this matter?


That is where rule 68 is predominantly enforced.

Does GA have the same law on the books?

Sounds like OP has hard time understanding the importance of sending a letter in a certified mail. It only costs less few bucks to send a notice in a certified mail. Certified letter is a very good evidence in the event of a small claims court. Also, it's always best to start out in a good term by writing a polite request for the actual deposit amount. Don't try to ask for a penality in your first letter. Penality should only be enforced if you have to take the landlord to a small claims court. As others have recommended, start out in a nice tone. Get little more aggressive on the second letter. If there is no response to the 2nd letter, file with your local small claims court and ask for $250 plus whatever the maximum penality that is allowed by your state law.

Mickie3 said:   OliverQuackenbush said:   Mickie3 said:   SUCKISSTAPLES said:   OliverQuackenbush said:   if you want only the $250, then show up at the office if their voicemail is full and ask for it.
if you want $750, file suit one day and serve them with a rule 68 offer for $750 on the next day. you better be damn sure you are entitled to $750 tho, otherwise you will end up owing them a whole bunch of money. but my secret rule 68 legal method gets things done real quick.

Sounds a lot like rule 998 in ca


They are advocating to go into federal court for the recovery of a 250$ security deposit?


where did you get that idea? there are specific requirements your lawsuit must meet before you can go into federal court. they are fairly rare. what makes you think op can go to federal court over this matter?


That is where rule 68 is predominantly enforced.

Does GA have the same law on the books?


I am not sure if rule 68 is used more in federal courts or state courts. how do you know its used most in federal courts?
regardless, even if it is used more in federal courts, there is no reason why op couldn't use it for a fast resolution of this matter, assuming he is in the right.
As far as I know, most states have rule 68 on the books, including GA. You should call it a "rule" not a "law" my friend.

OliverQuackenbush said:   Mickie3 said:   OliverQuackenbush said:   Mickie3 said:   SUCKISSTAPLES said:   OliverQuackenbush said:   if you want only the $250, then show up at the office if their voicemail is full and ask for it.
if you want $750, file suit one day and serve them with a rule 68 offer for $750 on the next day. you better be damn sure you are entitled to $750 tho, otherwise you will end up owing them a whole bunch of money. but my secret rule 68 legal method gets things done real quick.

Sounds a lot like rule 998 in ca


They are advocating to go into federal court for the recovery of a 250$ security deposit?


where did you get that idea? there are specific requirements your lawsuit must meet before you can go into federal court. they are fairly rare. what makes you think op can go to federal court over this matter?


That is where rule 68 is predominantly enforced.

Does GA have the same law on the books?


I am not sure if rule 68 is used more in federal courts or state courts. how do you know its used most in federal courts?
regardless, even if it is used more in federal courts, there is no reason why op couldn't use it for a fast resolution of this matter, assuming he is in the right.
As far as I know, most states have rule 68 on the books, including GA. You should call it a "rule" not a "law" my friend.


Are you just making stuff up? First of all, Rule 68 originated in the Federal Rules. Some states have rules that are similar or numbered the same, some states have rules that are totally different. Second of all, you can only make an offer under Rule 68 if you're being sued, not if you're doing the suing. Otherwise it makes no sense.

Now, apparently Georgia does have an analogous rule that can be used by either party, but you have to wait 30 days after serving a complaint. And it's not called Rule 68. It is, in fact, a law.

JeebusSaves said:   OliverQuackenbush said:   Mickie3 said:   OliverQuackenbush said:   Mickie3 said:   SUCKISSTAPLES said:   OliverQuackenbush said:   if you want only the $250, then show up at the office if their voicemail is full and ask for it.
if you want $750, file suit one day and serve them with a rule 68 offer for $750 on the next day. you better be damn sure you are entitled to $750 tho, otherwise you will end up owing them a whole bunch of money. but my secret rule 68 legal method gets things done real quick.

Sounds a lot like rule 998 in ca


They are advocating to go into federal court for the recovery of a 250$ security deposit?


where did you get that idea? there are specific requirements your lawsuit must meet before you can go into federal court. they are fairly rare. what makes you think op can go to federal court over this matter?


That is where rule 68 is predominantly enforced.

Does GA have the same law on the books?


I am not sure if rule 68 is used more in federal courts or state courts. how do you know its used most in federal courts?
regardless, even if it is used more in federal courts, there is no reason why op couldn't use it for a fast resolution of this matter, assuming he is in the right.
As far as I know, most states have rule 68 on the books, including GA. You should call it a "rule" not a "law" my friend.


Are you just making stuff up? First of all, Rule 68 originated in the Federal Rules. Some states have rules that are similar or numbered the same, some states have rules that are totally different. Second of all, you can only make an offer under Rule 68 if you're being sued, not if you're doing the suing. Otherwise it makes no sense.

Now, apparently Georgia does have an analogous rule that can be used by either party, but you have to wait 30 days after serving a complaint. And it's not called Rule 68. It is, in fact, a law.


Dear sir, no I'm not making this stuff up, and although I am no expert, it is clear that you are not either. So there is no need for you to act rude with your words, when you are wrong, which you admit in your very own post.

You are correct, Rule 68 did begin in the Federal Courts, but that does not mean it is used more or less in Federal courts, as opposed to state courts. I was asking Mickey how he knew it was used more in Federal courts. Just because it originated in the Federal Courts does not mean it is used more in the Federal Courts today. I believe more cases are filed in State Courts than in Federal courts, if that is the case, I would be quite surprised if Rule 68 is used more in federal courts, since less suits are filed there.

Most (perhaps all?) states have Rule 68 or something very similar, with slight modifications. It is not clear what your point is when you say some states that have rules that are totally different. All states have all kinds of rules (Rules of Civil Proceedure) that are totally different, among states and each rule is different from every other rule within a state. This point makes no sense to me.

When you say that you can make an offer under Rule 68 1) only if you are being used 2) because it makes no sense otherwise, you are absolutely wrong both times my friend. You yourself admit that in Georgia, Rule 68 can be used by either party. In my jurisdiction it may be used by either party. So clearly it can be used by the P or D. You also wrongly state that it makes no sense for a P to make an offer under Rule 68. You should understand what Rule 68 is in order to understand why it would make sense to use it. Rule 68 is a cost shifting mechanism, if a party makes an offer of settlement under Rule 68 which is not accepted, the party that does not accept the settlement offer is required to pay most future litigation costs to the offeror if the ultimate resolution of the matter is as or more favorable to the offeror than the offer of settlement was. Now in this situation, if the tenant strongly feels that he is entitled to $750, it would make sense to serve upon the landlord a Rule 68 offer of $749 ASAP, before costly depositions and motions occur. The landlord might realize that she is on the hook for much more than the $750 at issue and, not wanting to pay for the tenant's depositions and motion filing fees, might agree to settle then and there. If tenant wants to avoid prolonged and costly litigation, it would make perfect sense for tenant to make a Rule 68 offer. I hope I am writing clearly.

Lastly, in most jurisdictions, Rule 68 is a part of the rules of civil proceedure. in most jurisdictions, the rules of civil proceedure are not passed in a bicameral fashion. Instead, the legislature empowers a body of judges, the supreme court in my jurisdiction, to create the rules. A law is something passed by two houses and signed into law by a governor. Since the Rules of Civil Proceedure are not passed that way in most jurisdictions, you would be better off calling it a rule, so you sound like you know what you are talking about. Its true that in GA, its codified, its not that way most places my friend.
I accept your imminent apology for your rude tone and insinuation that I know nothing of these matters. I am only trying to help op i don't need abuse from you people.

oh and mickey3 why u so mad? stop being so mad with your little reds in all my posts mr. bigbabypants.

update 1/30/2013
I sent out the letter on 1/10, but never heard a thing back. Today (1/30) I went to their corporate office, they refused to cooperate by claiming the final statement was sent but was returned....This is a big lie.
I then contacted their legal representative, and got same response. I am so angry about this corporate sucker lying about having sent out the statement. What should I do next? any comments?

There is no way to prove or disprove whether they sent out the letter. Request that they give you another copy of the statement. Request that it be emailed to you, or sent registered mail.

Is there any way that you can contact other tenants who have left, to see if they've had the same story given to them about a phantom statement?

peteron said:   ... they refused to cooperate by claiming the final statement was sent but was returned....This is a big lie.
...


How do you know thats a lie?

so they know it was returned and refused to pay you your money in person?

OP, you haven't responded to my earlier question:

You mentioned a bond. Are you sure you didn't purchase a surety bond in lieu of a security deposit? In that case you wouldn't receive any refund and the $250 was your cost for the bond purchase.

http://www.fatwallet.com/forums/finance/1202125/

https://www.suredeposit.com/public/residents/default.aspx


Was this a bond (like Sure Deposit)?

this is the thread where everyone acts a fool about rule 68. lol the memories

OliverQuackenbush said:   this is the thread where everyone acts a fool about rule 68. lol the memories

I prefer rule 69

civ2k1 said:   OliverQuackenbush said:   this is the thread where everyone acts a fool about rule 68. lol the memories

I prefer rule 69


its your house, you make the rules!
but from now on, we are hanging out ONLY at bars and coffee shops. and I have a perpetual headache and must go straight home hehe.

I don't understand; they acknowledge that it was sent but won't show you a copy or pay you what's owed?

Ask them to hand you a copy or email one to you. Or take them to court.

update:
The whole story that happened on the day I went to the corporate office is, I explained the situation and asked for my security deposit. this women working at front desk, acted a bit neverous, and did some search on her computer, and then pull my final statement out of a pile of files - this made me think they forgot to send the statement; And I saw my demand letter laying on her desk, opened - someone looked at it but ignored it, since I didnot get any reply in three weeks. This women denied my request, and went ahead to scan me a copy of the statement. I left without taking the statement.

I went home and emailed their legal representative. This shitty lawyer then emailed me a scanned copy of the final statement and "respectively but strongly" denied my request. There was some writing on the statement: "mailed to forwarding address; failed to give copy of notice on 1/30/13" - clearly this was just written on it, probably by that woman. The address on the final statement is correct. I never had problems with this address, which is where I work. I have all my bank and cc letters mailed there.

This shitty lawyer threatens me about quitting the pursue in court, since I will need to pay over 2000$ for their legal fee. I asked the lawyer to show me the envelope with postal stamp on it, since this is the only thing that does not lie. I mean, you can lie about sending the letter by putting any date on it as you like. I also told him if he showed me that, I will stop immediately. But the lawyer refused, and said GA laws does not require that.

Now I donot think they have the evidence showing letter being sent. They are just building up all the lies. But I am also thinking, if they want to make up stuff, they may be able to use a different envelope with the rightful date on it, and stated that the statement was sent within the 30 days but was returned with that envelope.

This is just beyond what I expected. I am facing a gang equipped with laws as their weapon. and for god sake, it is just 250$. now it is no longer a matter of money, but about justice. should I keep going for it?

To add on the statement, my security deposit was deducted to negative by all kinds of charges and fees, which I didnot even have a chance to deny...however they didnot send to collection. This clearly shows, for corporate chain money suckers, they will take the last bit from you, which is the security deposit. If I do owe them money, why do not they send to the god damn collection?

Where's the $2000 figure coming from? I'm assuming they're saying you would be responsible for their legal fees in court if you lost.

I'm not 100% sure it works like that in small claims. IANAL but if you lost your case in small claims, I believe they would need to counter sue you for legal fees. I am sure it depends on your state though.

The whole point of small claims is to avoid lawyers and rediculous legal fees.

I'd guess they are blowing smoke, but that's just a guess. If you take them to small claims, you'll be paying probably $100-$150 in filing and service fees, which technically you would get back if you won in court, but I'm guessing if you served them they would offer to pay your $250 back but try to stiff you on the $100-$150 in filing and service fees.

Who knows. Not worth it from a time/money perspective, but depending how badly you want "justice"/revenge.

peteron said:   update:
This shitty lawyer threatens me about quitting the pursue in court, since I will need to pay over 2000$ for their legal fee. I asked the lawyer to show me the envelope with postal stamp on it, since this is the only thing that does not lie. I mean, you can lie about sending the letter by putting any date on it as you like. I also told him if he showed me that, I will stop immediately. But the lawyer refused, and said GA laws does not require that.

250$ is not trivial for me a student, but certainly I can let it go. also I donot want to take the risk to hook up dirty lawyers. they are pro robbers in this sense. but I cant make myself at peace with it at this moment.

vegas4x4 said:   Where's the $2000 figure coming from? I'm assuming they're saying you would be responsible for their legal fees in court if you lost.

I'm not 100% sure it works like that in small claims. IANAL but if you lost your case in small claims, I believe they would need to counter sue you for legal fees. I am sure it depends on your state though.

The whole point of small claims is to avoid lawyers and rediculous legal fees.

I'd guess they are blowing smoke, but that's just a guess. If you take them to small claims, you'll be paying probably $100-$150 in filing and service fees, which technically you would get back if you won in court, but I'm guessing if you served them they would offer to pay your $250 back but try to stiff you on the $100-$150 in filing and service fees.

Who knows. Not worth it from a time/money perspective, but depending how badly you want "justice"/revenge.

peteron said:   update:
This shitty lawyer threatens me about quitting the pursue in court, since I will need to pay over 2000$ for their legal fee. I asked the lawyer to show me the envelope with postal stamp on it, since this is the only thing that does not lie. I mean, you can lie about sending the letter by putting any date on it as you like. I also told him if he showed me that, I will stop immediately. But the lawyer refused, and said GA laws does not require that.

Take 'em to small claims for the amount of the deposit plus statutory damages for failing to send you the money or statement in a timely manner. Don't cloud up your argument, keep it simple: "I sent them a letter asking them to return my deposit on 1/10, I gave them more than the amount of time required by law and they failed to return the money or a list of damages, based on the law they owe me $xxx."

peteron said:   update:
The whole story that happened on the day I went to the corporate office is, I explained the situation and asked for my security deposit. this women working at front desk, acted a bit neverous, and did some search on her computer, and then pull my final statement out of a pile of files - this made me think they forgot to send the statement; And I saw my demand letter laying on her desk, opened - someone looked at it but ignored it, since I didnot get any reply in three weeks. This women denied my request, and went ahead to scan me a copy of the statement. I left without taking the statement.

I went home and emailed their legal representative. This shitty lawyer then emailed me a scanned copy of the final statement and "respectively but strongly" denied my request. There was some writing on the statement: "mailed to forwarding address; failed to give copy of notice on 1/30/13" - clearly this was just written on it, probably by that woman. The address on the final statement is correct. I never had problems with this address, which is where I work. I have all my bank and cc letters mailed there.

This shitty lawyer threatens me about quitting the pursue in court, since I will need to pay over 2000$ for their legal fee. I asked the lawyer to show me the envelope with postal stamp on it, since this is the only thing that does not lie. I mean, you can lie about sending the letter by putting any date on it as you like. I also told him if he showed me that, I will stop immediately. But the lawyer refused, and said GA laws does not require that.

Now I donot think they have the evidence showing letter being sent. They are just building up all the lies. But I am also thinking, if they want to make up stuff, they may be able to use a different envelope with the rightful date on it, and stated that the statement was sent within the 30 days but was returned with that envelope.

This is just beyond what I expected. I am facing a gang equipped with laws as their weapon. and for god sake, it is just 250$. now it is no longer a matter of money, but about justice. should I keep going for it?


Okay, fella. From this point on, nothing verbal counts.

1. You have no proof that they did not send the accounting was sent late or not sent. Drop it.
2. You said their lawyer threatened you about pursuing your case. You didn't say HOW he communicated this. If it was verbal, he basically didn't say it. If it was in writing, that's bull. He was saying that if you lose, you will be liable for their legal fee, which is iffy at best.
3. You have the statement. THAT'S where you need to focus. Did they come up with expenses totaling $250 exactly? If it was less, they owe you the difference. If it was more, they could have billed you for the excess. Likely, they came up with something like $300 and claimed in writing that they're waiving everything above $250 because it'll be too much hassle to pursue you.

Now, communicate to us what the written charges were on the statement. That's where you can fight, if you choose to fight. We can't tell you whether to keep going or not till we know what their argument will be.

If OP sues them in small claims, is that true he would have to pay their legal fees if he loses?

Seems like that could undermine the whole point of small claims. If the layman knew that his legalese wasn't up to par with an attorney, even if he was in the right, he might not even bother.

Al3xK said:   If OP sues them in small claims, is that true he would have to pay their legal fees if he loses?

Seems like that could undermine the whole point of small claims. If the layman knew that his legalese wasn't up to par with an attorney, even if he was in the right, he might not even bother.


No set answer. It varies from state to state, and case to case. Sometimes, the victorious party needs to begin a separate action to recover.

That said, I expect that the lawyer knows he has a litigious opponent, and is saying that to discourage the hassle of having to make a legal defense. Practically speaking, the apartment complex is not going to waste efforts pursuing people who may well not have the resources to pay off a judgment, if they do in fact lose. I suspect he's bluffing.

However, if it was stated in writing, then that could conceivably be taken as intimidation. But IANAL.

Well if I was a college student, I'd sue for sure. They're judgement proof at the moment. I have some assets though and I'd hate for them to go after me.

You seem scared of their lawyer, that's why they have them, to give you some tough talk and hope you give up. Did you seriously expect for them to say anything but what they told you? Send yourself a piece of paper today to the address they used and so if you take it to court you can show the address works. At this point, they have made your choices clear, sue in small claims or walk away with your tail between your legs.

In certain lawsuits, such as consumer protection lawsuits, remedies available to the plaintiff can include reasonable attorney fees. But it is my understanding that those remedies are not available to the defendant who successfully defends that type of suit. And when attorney's fees are not a remedy available to the plaintiff, then neither party gets to recoup the attorney fees from the other party, except in rare occasions where the judge gets mad at a frivolous suit.
however, the losing party is on the hook for the other party's costs, which include deposition fees and court filing fees. With a rule 68 offer, there is more at stake than just the costs, as they are multiplied!!
Attorneys are discouraged from participating, if not prohibited, in small claims court. Its pretty laid back and the rules of evidence are relaxed a bit.
In short, op has nothing to worry about.

mwa423 said:   You seem scared of their lawyer, that's why they have them, to give you some tough talk and hope you give up. Did you seriously expect for them to say anything but what they told you? Send yourself a piece of paper today to the address they used and so if you take it to court you can show the address works. At this point, they have made your choices clear, sue in small claims or walk away with your tail between your legs.

yes man up for petes sake



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