I moved out of state, my landlord is withholding my security deposit. Do I have to return in order to sue in small claims court?

Asked over 2 years ago - Lawton, OK

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Normally this wouldn't be a huge issue but the state in question is Hawaii. I'm in Oklahoma. Our lease agreement stated she had 14 days from the time the lease ended to itemize the deductions and send me a check. She was 12 days late.

Then, after I had cashed the check, it bounced, leaving me overdrawn on my account. I call her and she tells me she sent me an email (I checked, there was no email). Her new tenants had discovered a defect with the refrigerator and she claims she had to replace the whole thing and wants to charge me for it.

I feel that I'm being abused illegally. I'm pretty sure she forfeits the whole security deposit just for being late. But back to the question, must I fly back to Hawaii to contest this in court or can I be represented via proxy?

Attorney answers (1)

  1. Contributor Level 7

    Answered December 06, 2010 14:46. You should contact local counsel. You can file any necessary documents by mail, but hard to deal with court appearances by mail from thousands of miles away.

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