My Previous Landlord Won't Return Our Complete Deposit. He Says That He's Going Right On Through Chapter 7 Bankruptcy. So What Can I Actually Do?

[adoerte37]

Hired probably for 10 weeks, spoken rent. Our full safety deposit wasn't returned by landlord. Presented us half. and stated that the remainder would expenses. 1,one hundred.00 for expenses thats insane. Oh and he's going proper on through bankruptcy.

[Seung]

Without paper, you have no proof of anything at all.  It's just a he-said, she-said type of situation.  You can't take him to court  - they will laugh you out of the office.    There is nothing you can legally do because you have no proof of anything that was agreed to. About the only thing you can do is to beg the guy to return your money.  Good luck.(Next time: I don't care how friendly things seem, GET IT IN WRITING)

[Teodor]

If he is in fact a bankruptcy debtor and you have no written lease you are highly unlikely to get a dime back, even though technically he is supposed to segregate those funds they are yours not his.  You can file a claim in his bankruptcy but you are not secured without a written lease and you are heaped in with those other debts like credit cards that are usually paid nothing in Chapter 7. Verify with the bankruptcy court clerk whether he or she is in fact in bankruptcy, a lot of people lie about this.  You can call the court clerk, go down to the Federal courthouse, or open and use a PACER account online.  If he is not you can file a small claims action.  Do it today, if you reduce the debt to a judgment you are in a better position if he does in fact file bankruptcy.  Tell him it is nothing personal, at least no more personal than trying to weasel out of $1,100 by falsely stating he is in bankruptcy.  Which might be a crime, I don't remember.

[Berinhard]

Verbal lease is meaningless. If it isn't on paper, you are out of luck Without paper, you have no proof of anything at all.  It's just a he-said, she-said type of situation.  You can't take him to court  - they will laugh you out of the office.    There is nothing you can legally do because you have no proof of anything that was agreed to. About the only thing you can do is to beg the guy to return your money.  Good luck.(Next time: I don't care how friendly things seem, GET IT IN WRITING) ElBanditoRoso 67 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[Berwyn]

Number one, you have a verbal lease...how can you prove what the deposit was in the first place?\ You may have a canceled check and if it says for deposit that is helpful, but you would have to take him to Court, small claims court at that and prove your case.  The fact that he is now in a Chapter 7 bankruptcy and if he listed you as a Creditor tells me that you are probably out of luck anyway as he is protected by the Automatic Stay.  If he does in fact owe you the other half of the deposit, if listed, that debt will probably be discharged unless you can prove fraud, etc.  You do need to see an Attorney who handles the Creditor side of bankruptcy law. Sources: I am a bankruptcy paralegal LglSec 67 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[gedalyahu]

I used to practice bankruptcy law in a former life, so let me give you a few bits of practical advice.   Verify with your bankruptcy court that he has in fact filed. I know that lots of people will claim that they are in bankruptcy, but aren?t. The federal courts use an automated data system that can be accessed online. Maybe your landlord hasn?t filed. If he hasn?t, sue him in small claims court. If he has filed, he has to remember to list the debt to you in the paperwork. Oftentimes debtotrs slip up. If he hasn?t listed you in the papers, but has filed, wait until the bankruptcy is over and then sue him. If you receive notice from the bankruptcy court(or the trustee) and they send you a claim form, fill it out as it says and file it per the directions. If he is chapter seven, the trustee has discretion to pay off smaller creditors at a greater rate just to clear them out. If he has filed and you receive notice, once you file your claim, you?ll have to sit and wait. Bankruptcy will protect him from you doing anything against him.   Good luck!

[azarael]

You may have a canceled check and if it says for deposit that is helpful, but you would have to take him to Court, small claims court at that and prove your case.  The fact that he is now in a Chapter 7 bankruptcy and if he listed you as a Creditor tells me that you are probably out of luck anyway as he is protected by the Automatic Stay.  If he does in fact owe you the other half of the deposit, if listed, that debt will probably be discharged unless you can prove fraud, etc.  You do need to see an Attorney who handles the Creditor side of bankruptcy law.