QUESTION
can I use a lawyer in a small clains case against a landlord thats avoiding service iin a case for wrongful withholding of my deposit
Asked on Aug 13th, 2013 on Landlord and Tenant Law - Colorado
More details to this question:
the property offered in writing but failed to do final walk through with me.' withheld an entire months rent plus some citing smoke damage. when I asked for proof they posted pictures that were not my apartment. I did a video walk through with my expert witness that proves this. they've sent 2 small checks to silence me stating they are sticking to their story, but are still hiding their registered agent and person (mngr etc.) on the property who can except service. I have overused the SOS website, and have attempted service 3 times each time is more expensive. I need help to find this elusive crew before time runs out. also can I recoup these expenses once I get them in court?
1 ANSWER
3 Awards
You can use a lawyer in Small Claims court but only if you are the Defendant. Here you are not. In any case this will not eliminate your need for service of process.
Security deposits are a potential minefield for landlords. If you think that your landlord has not properly complied with Colorado's Security Deposit Statute I recommend consulting an attorney. If you win your case your attorney fees will be imputed to the landlord. You may need to employ a professional in order to obtain service a well.
Hope this helps. If you are considering hiring an attorney, I deal with Security Deposit issues often and offer a free consultation.
Don Eby
Answered on Aug 13th, 2013 at 3:54 PM
Call Don at (303) 688-0944 or email at Reception@RobinsonandHenry.com This information is provided AS IS; and does not create Client Relationship.