Posted by Fred Lappert on February 28, 1999 at 17:37:02:
In Reply to: Landlord trying to collect money NOT owed posted by k. Lincoln on February 27, 1999 at 22:38:34:
Your best defense is your proof of payment: the cancelled check(s). I would speak with a lawyer as landlords often ignore the obvious and keep it up for simple harassment. You shouldn't need a deposition if you're in housing court, so this sounds like it's more complicated than you let on.
: This may sound convoluted but here goes: In September, I paid two months rent. I wrote out hte check for the correct amount NUMERICALLY, but the long handline underneath was written for 10 times the amount. whenI realized my error, I replaced the check with a request tot he Porpety Mnanger to not deposit the other check which by that time they had. Instead of returning hte second check, they attempted to deposit it. It bounced. when I called to ask them what I owed the money for,all they said was call our Lawyer. InOctober, the building was sold to a new owner/property manager. I called them to and explained the dispute, sent them paper work showing I was NOT in arrears, and as of this date, they are still trying to collect. The Property Manager has even gone as far as to perjure himself in a deposititon claiming it was for two months + one week, and the only way I found out there was an eviction action was becasue I got a notice from the housing courts saying the Marshall's may come. the court documetns show that I was 'served', which I wasn't. I agian, sent him all relevant documents by mail and fax the check duplicates and banking statements that the rents were paid. No response from him. He is still trying to collect this money. any suggestions besides taking his little ass to court - and I don't mean Housing?
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