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Kurt Isaac Wilhelm

Kurt Wilhelm’s Answers

2 total

  • Is a "motion to vacate" a small claims judgment automatically granted?

    I filed in court in November; tenant (landlady) did not appear at hearing in February. She hadn't opened an escrow account, or provided statement of condition, or issued claim of presumed damages. She had simply refused to return security deposit ...

    Kurt’s Answer

    It sounds as though landlady defaulted. Motions to vacate a default judgment are granted more often than not for almost any reason. Unfortunately, if her motion is granted, many of the pre-judgment remedies available in regular civil actions, such as real estate attachments, are not available for small claims.
    If the landlady's motion is denied (or granted but you win at the small claim trial), you should request an "execution" as soon as possible and contact the sheriff's office to have them "levy and suspend" on her real estate (effectively a lien).
    You should be aware that violations of the security deposit law entitle you to triple damages and attorney's fees, if you hire an attorney. So you should be asking for 3x the amount of the deposit and consider hiring an attorney (some may take the case on a contingent fee).

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  • I have NO mailing address for my Landlord.

    There is no mailing address listed for my landlord on either the lease, nor in accordance with Sanitary Code 410.481 Thus, I have no way to inform him of ANYTHING in writing, unless I miss work to hang out at the apartment and hope he shows up. ...

    Kurt’s Answer

    Quickest answer is to call the city assessor's office. They can tell you who the owner of record is (based on information city obtains from Registry of Deeds) and the address that real estate tax bills are mailed to.

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