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What court would I sue in to get my $4000 deposit returned from commercial landlord in Texas? |
My commercial lease space landlord has not responded within 30 days to return my $4000 deposit or even send a notice that he's withholding for some trumped up reason. If you want to sue someone and the amount involved in the lawsuit is less than $7,500, you may sue in Small Claims Court. Small Claims Court is a special court that is well suited to non-lawyers because the procedural rules are much simpler than those in other courts. The trial is fairly informal and the rules of evidence are relaxed. Consequently, most non-lawyers find Small Claims Court to be less intimidating than "regular" court. Another advantage to Small Claims Court is that you tend to get to trial more quickly than in other courts. In West Los Angeles, for example, it generally takes only 4 - 6 weeks to get to trial. Before filing a lawsuit in Small Claims Court, you must make several determinations. First, you must determine if your case qualifies. You may not sue for more than $7,500 in Small Claims Court if you are an individual, and businesses and public entities may not sue for more than $5,000. So you should not file in Small Claims Court if you want to recover more than $7,500, and you should file in Superior Court instead. If your claim is worth more than $7,500 but you are willing to forego recovering more than that amount, you may sue in Small Claims Court and waive the amount in excess of $7,500. Second, you must be certain that you know the proper person to sue (the "defendant") and have the defendant's correct name and address. There are special requirements for suing a business, and the court clerk has written information that will help you. Third, you must determine which branch of Small Claims Court should hear your case. Generally, you should file in the branch court for the geographic area either where the defendant lives or where the incident about which you are suing occurred. You should call the court to find out which court is the appropriate one. Finally, in most cases, you should make a demand for the money, either oral or written, on the defendant before filing the suit. IIRC the small claims limit in Texas is $5000. Small claims court. Or do what I did and hire a real estate attorney. |
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