Attorney Visit

So I visited with an attorney for a little while and not sure where to go from here.

Even with all my grievances and the pain caused from the landlord, I am looking at getting half of the deposit back, which minus the $50 she gave us already is $450. This is due to the fact that in these disputes it is a he said she said situation and even with all the documentation I have the judge will probably not award the entire amount to me.

To get this I would have to take two days off of work to file the claims, paperwork, get a court date, show up to the court date, etc.

Even if I receive a judgment, the attorney said that the vast majority of these small claims end up being either shafted on their money, or they file an appeal. In which case your looking at one to two years for a new trial and then you will HAVE to have an attorney for that. Filing motions, evidence, and more. Attorneys are $200 - $300 an hour, and you usually have to pay up front.

If they lose an appeal, they can still stiff you on your money. Then you file a lien on their rent property. If and when they decide to sell it, you then get paid first before they do. Again, this requires an attorney and more to resolve.

On a more personal note, if I take her to court I have to provide my home address. Given her son's behavior of destroying my property and his background I found out from the neighbors when I asked, I wouldn't put vandalism above him for retaliation. He could easily stop by and key my vehicle, which has a $500 deductible, making the entire case a wash. What's to say he doesn't break in an really get violent with the kids at home? He has a long history of trouble with the law, so I am not comfortable with him knowing where I live.

The bottom line, it's not worth receiving $450 - $750 two years from now to lose two days pay at work and worry about violence towards my family.

On the bright side we originally were just going to file on the big items her son stole and not worry about the small items here and there. Now you can bet that even if the item was under $5 it will be filed as part of the claim. The insurance has in house attorneys as part of their staff. They can take her to court, file on her, etc. And best of all, they pay us first, then go after her, so no appeals for me to worry about, no garnishments or liens, no worry of violence, nothing.