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Re: Landlord refuses to return security deposit

Posted by consigliere on February 22, 2002 at 11:17:59:

In Reply to: LL refuses to return security deposit: posted by Mary J. Duffy on February 22, 2002 at 10:33:10:

It's unusual for a small claims case to be postponed for three months.

It's the landlord's responsibility to get the security deposit from the previous landlord. Did you sue just for the amount of the security deposit, or did you also ask for interest?

If the landlord doesn't pay the judgment, you can go to the city sheriff or any marshal to collect it. There are fees to be paid upfront, but they shouldn't be anything like $250, and you will get the fees back when the judgment is collected.

To help the collection process, you can get restraining notices, from the small claims clerk, for the landlord's bank account, if you know the bank and account number, and also for current tenants in the building, to withhold their rent and pay it to the sheriff or marshal. The restraining notice requires that twice the amount of the judgment be withheld, so that should get the landlord's attention and encourage payment.

: I lived in Sheepshead Bay for 5 yrs. The apartment is rent stablized. The LL said that she didn't have a deposit from previous LL. Then she said that I maynot be current with my rent. She wants copies of all checks since beginning of first lease. Then I went to the State Attorney General. To no avail they did nothing. I am now in small claims court. I have my receipts for the deposit and the copies of checks for the last year that I lived there. I have never received any interest since day one. I don't understand why I have to go crazy to get it returned to me. They are stalling by postponing the court date from 12-17-01 to 3-4-02. I am now out of work due to 911. It has been 6 months. I can't aford a lawyer. I also heard that even if I win the case( which I will) that they still can not pay me. I'll have to hire a marshall for $250.00 a day to collect it. I have called the TV stations problem solvers but they haven't returned my messages. Why is there even a deposit if they can keep it. It was $1600.00 5yrs, ago. They have not complained of any damages. I don't know what to do!!!!!!!!!!!!!!!

: I need HELP
: midge727@optimum.nt

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