what kinda lawyer

[Jocka]

does anyone know what kind of lawyer I'd need.. let me explain and you tell me.

I gave this woman $162.(something) for a portion of a deposit on a house so far. Well I decided after counting up all my money and bills that I couldn't afford it. I asked my wife to call the lady and see if we could have that back and that lady said NO. Now my wife signed some lease agreement and forgot to mention that to me lol. So I was like "I'll fucking find a way to get my money." So I looked over the paper and sure enough my wife has it signed on the dotted line and on this paper it says "If for any reason you give written notice stating you are moving within 30 days then you will be refunded your deposit." Well I don't even have a fucking key so I'm sure this applies to me. So I had my wife call her back and tell her what was on this paper. That cracked out bitch said "I don't care what that paper says, your not getting your money back." So I grabbed the phone and said "Excuse me. We were simply requesting our money that you illegally collected from us. If you don't want to give us our money then this paper states that I can basically sew you for everything you fucking have." and she hung up. So I need a lawyer to take this lady to court. I mean, $162 fucking dollars.. Come on. It's not like I asked her to give more than she should.

So.. what kinda lawyer do I need? I'll also be sewing for stress (since thats possible lol) because my pregnant wife is stressing hard. And the doctor said she could already have a miscarriage at any point because her bodies so sensitive. So if she has a miscarriage not only will I sew this woman for everything she has, but i'll likely beat her to death.. ..

 

[Illuminattile]

First things first..."sue". "Suing".

Secondly, there are Real Estate attorneys, but you can probably take the contract to any attorney. Whether or not they'll take up a case over such a small amount I don't know.

 

[Jocka]

yea thats what i was thinking. I'll probably just end up in small claims court. Then i'll "sue" again for stress if she pisses me off during that time.

 

[Duke]

Write the lady a polite, formal letter requesting your money back or else you'd have to undertake "legal action". Explain minutely that she is in the wrong and tell her politely that you'll sue her for everything if she doesnt cough up the dough.

That usually scares em enough.

 

[PuffnScruff]

do what duke said first. i wouldnt worry about the lawyer since you would end up spending more than 160 bucks on one. like you said, take her to small claims if she doesnt respond to your letter. then when you go take that lease, your letter you wrote, and whatever else you need. you might have a better chance of getting your money back that way. it will just take a little longer

 

[Taliq]

Judge Judy

 

[Jocka]

well since I posted this, i've half decided to just go steal some shit from over there and sale it.. .. i don't like dealing with the law much..

 

[S. Fourteen]

well since I posted this, i've half decided to just go steal some shit from over there and sale it.. .. i don't like dealing with the law much..

oh right... maybe get charged with theft and put your wife through more stress???

 

[Jocka]

No. That lady would never bring the law in herself. Speaking that her and her father sell drugs from the office of this place (recently discovered after talking to one of my brothers crackhead friends).

If I did do this, the chances of me getting caught are SLIM. Why you say? Because it's in the middle of nowhere, the closest police station is about 15 miles up the street, everybodies cracked out by 4am, etc.

Will I steal? Most likely not. I have more shit to worry about right now. If I just NEED the money then I might. Otherwise I'll let it go.. .. .. til then.

 

[Freedom Froggy]

you must live in south dallas or someshyt

 

[Jocka]

you must live in south dallas or someshyt

right on the money

 

[Illuminattile]

well since I posted this, i've half decided to just go steal some shit from over there and sale it.. .. i don't like dealing with the law much..

And the best way to avoid dealing with the law is to commit crimes. With smarts like that, you might as well go take the bar exam yourself :thumb:

 

[Amara]

I gave this woman $162.(something) for a portion of a deposit on a house so far. Well I decided after counting up all my money and bills that I couldn't afford it. I asked my wife to call the lady and see if we could have that back and that lady said NO. Now my wife signed some lease agreement and forgot to mention that to me lol. So I was like "I'll fucking find a way to get my money." So I looked over the paper and sure enough my wife has it signed on the dotted line and on this paper it says "If for any reason you give written notice stating you are moving within 30 days then you will be refunded your deposit." Well I don't even have a fucking key so I'm sure this applies to me. So I had my wife call her back and tell her what was on this paper. That cracked out bitch said "I don't care what that paper says, your not getting your money back." So I grabbed the phone and said "Excuse me. We were simply requesting our money that you illegally collected from us. If you don't want to give us our money then this paper states that I can basically sew you for everything you fucking have." and she hung up. So I need a lawyer to take this lady to court. I mean, $162 fucking dollars.. Come on. It's not like I asked her to give more than she should.

So.. what kinda lawyer do I need? I'll also be sewing for stress (since thats possible lol) because my pregnant wife is stressing hard. And the doctor said she could already have a miscarriage at any point because her bodies so sensitive. So if she has a miscarriage not only will I sew this woman for everything she has, but i'll likely beat her to death.. ..

It is property law. Most ordinary law firms will tackle something like this... but if you want specialised help, find a property lawyer.

Let me try and understand, you payed money for a deposit on a house? So what was the 'lease' agreement for - the same house? (Unless by deposit, it means what we would call a bond). It seems to me the lease specifies that you need written notice to qualify for the refund... but all you did is call? That is not the same thing.

And your stating that it is 'illegal' was incorrect. Because a signed written contract is binding, she didnt take the money illegally. And the paper doesnt say you can simply take your money back when you like - you need to follow the proscribed method of written notice. So dont be a dick and say you're going to sue her for everything she has - thats just silly and wont help your cause.

 

[Jeremy]

You will end up paying more than $162 for a lawyer.

 

[Jocka]

And the best way to avoid dealing with the law is to commit crimes. With smarts like that, you might as well go take the bar exam yourself :thumb:

Not from the same area I see. (of course). Again, chances of getting caught doing ANYTHING at this place are slim to none. It's just not the type of place that the police choose to hang around at.

It is property law. Most ordinary law firms will tackle something like this... but if you want specialised help, find a property lawyer.

Let me try and understand, you payed money for a deposit on a house? So what was the 'lease' agreement for - the same house? (Unless by deposit, it means what we would call a bond). It seems to me the lease specifies that you need written notice to qualify for the refund... but all you did is call? That is not the same thing.

And your stating that it is 'illegal' was incorrect. Because a signed written contract is binding, she didnt take the money illegally. And the paper doesnt say you can simply take your money back when you like - you need to follow the proscribed method of written notice. So dont be a dick and say you're going to sue her for everything she has - thats just silly and wont help your cause.

Well I have already wrote the letter incase my wife wants to really take her to court. I'm leaving it up to her right now.
The lease said that if I give written notice within 30 days of moving then I can have my deposit back.
True that a signed contract is binding. But she took the money illegally because, for one, she doesn't have the entire deposit. I don't have a key to the house (she didn't live up to her end of the contract in the first place). Really we gave her SOME money and asked her if this could count for the deposit until we could pay the rest. She said yes, we have receipts. Now the problem is, I can't get that money back. Although it isn't the DEPOSIT, your telling me she can still legally keep it?
And I don't believe I'm being a dick telling her I'll sew her. I simply notified her that if I don't get my money back then I'll have to take legal action. I've done what I was supposed to. And my only 'cause' is to get my money back. Excuse me for attempting to return MY MONEY to MY WALLET. God forbid someone DOESN'T get fucked over in this world.

You will end up paying more than $162 for a lawyer.

True, if I hired a lawyer. I was thinking of talking to a lawyer for free. Some lawyers around here will talk to you free for the FIRST time. If he thinks I need a lawyer to get MORE money then I might hire him. Otherwise, I'll take it to small claims court with the idea of everything he told me.
If I DO hire him, then if I win, she has to pay all legal costs anyway. Either way it would be good for me.

 

[Amara]

Well I have already wrote the letter incase my wife wants to really take her to court. I'm leaving it up to her right now.
The lease said that if I give written notice within 30 days of moving then I can have my deposit back.
True that a signed contract is binding. But she took the money illegally because, for one, she doesn't have the entire deposit. I don't have a key to the house (she didn't live up to her end of the contract in the first place). Really we gave her SOME money and asked her if this could count for the deposit until we could pay the rest. She said yes, we have receipts. Now the problem is, I can't get that money back. Although it isn't the DEPOSIT, your telling me she can still legally keep it?
And I don't believe I'm being a dick telling her I'll sew her. I simply notified her that if I don't get my money back then I'll have to take legal action. I've done what I was supposed to. And my only 'cause' is to get my money back. Excuse me for attempting to return MY MONEY to MY WALLET. God forbid someone DOESN'T get fucked over in this world.

You're behaviour is silly because you are handling it so immaturely by abusing her on the phone. When you sue, you sue for that money back, not everything she has - so watch your language, harrassment can come back and bite you on the ass, ok? Dont make it worse than it has to be. Handle the situation calmy and with good common sense and it should work out in your favour. I hope you worded the letter with non-hostile language.

It is not illegal to accept part-payment of the deposit. Bare in mind that what you are trying to establish is not an illegal act, that may be difficult for you to understand if you arent familiar with the law. Let me try and explain though - you are going to argue this (judging by what I have read).

1. There was a binding signed written contract.
2. You paid part-payment pursuant to that contract.
3. Within the 30 day period, you declared by way of written notice, your intent to rescind the contract.
4. Therefore, you are entitled to the money paid over.

"Rescind" means that the contract is not invalid, the contract was legal - her taking the money was legal, but because of the 30 day 'cooling period' you are able to effectively 'set aside' the contract and get your money back. It's like 'reversing' the contract, rather than pretending it never existed. It does not matter that you do not have keys, you would only get those after you paid the full deposit. All that matters is that you are not living there and you gave notice within the time period specified.

Explain it to her like that, rather than 'gimme my money bitch' and maybe she will see things differently. If you have receipts then there shouldnt be too much of a hassle proving your entitlement. Keep a copy of the letter if you can as well.

 

[Jocka]

I never told her "gimme my money bitch".. .. well not directly like that. And no, it doesn't matter how I 'explain' it to her, she's not going to just 'understand'. She's the landlord, don't you think she knows how it works?

I didn't want to handle this 'immaturely' either. I tried to get my money back in a calm way. Talked to the lady and explained to her that I couldn't afford the place and would like the deposit back. That cracked out bitch straight said no even after I explained to her what the paper that was signed had said.

Oh, and "abusing her on the phone"? I called her one time.. and all I said was "I would like my money back.." basically. Hell, if I would've known that asking for money owed was a form of abuse then I'd file charges on bill collectors too. Gawd damn phone abusing bastards.

And yes I'm very familiar with the law. Anyone that has ever lived in Texas will tell you that the laws here can be FAR different than laws anywhere in the entire U.S. . Contracts in Texas are taken more seriously. Even if it's just for a home. I did my part and now she should do hers. I WILL likely ask the lawyer how long I can wait before I can go after my money because at this point in time, I don't "need" it. But it would definatly help me.

Long story short. I know the Texas Laws. I'm not to sure about the other states or Australia. I know what I can and can't do without ME being caught in a crime. I know how far I can take this before they say "Ok stop". I've lived here 20 yrs, I think I got it down.

 

[Amara]

You're obviously not even trying to pick up on the advice I am trying to give you. You're defending yourself when you dont even have to. If you cant see when someone is trying to help, then there is no point in my posting here...

 

[Jocka]

You're obviously not even trying to pick up on the advice I am trying to give you. You're defending yourself when you dont even have to. If you cant see when someone is trying to help, then there is no point in my posting here...

I was taking the advice before the "I'm smarter than you" part where you assumed you knew more about the law in my state than I did. I take advice from people with respectful replies. Your reply didn't seem in any way respectful towards my situation.
But if u think that "there is no point" in you posting then please, don't. And let this topic die since we're the only 2 talking anyway.

 

[Amara]

I was taking the advice before the "I'm smarter than you" part where you assumed you knew more about the law in my state than I did. I take advice from people with respectful replies. Your reply didn't seem in any way respectful towards my situation.
But if u think that "there is no point" in you posting then please, don't. And let this topic die since we're the only 2 talking anyway.

I'm a law student. I offered my perspective. If you think you know better, thats fine, doesnt affect me. I fail to see where I have been disrespectful, in fact, I dont see anyone taking as much interest and concern in your situation... well you lost that. I wont waste more energy on it.