I live in Nebraska, didn't the landlord give up their right to claim damages having not given me an itemized list of damages and their cost of repair within 14 days of request?
Response: Yes, you are correct. The Landlord has given up his right for damages and must return your security deposit to you immediately. You need to send another request to the Landlord for the return of your deposit. See Nebraska Revised Statutes Section 76-1416. Also, send a cease and desist letter to the collections agency informing them not to contact you again because you do not owe any money to the Landlord. Send a copy of the cease and desist letter to the Landlord.
The note I left for the landlord was not a formal request for deposit form so I was wondering if that didn't count as "demand and designation" as stated in the statute?
Response 2: Your note counts
I lived in that house over a year ago, it's been sold and has new management, the landlords i worked with were slumlords basically, so I just want it to go away. They have no case if they sent it straight to collections right?
Response 3: Right
I guess final question is how do I respond to the summons from the collections agency?
Response 4: Answer the complaint by denying that you owe the debt. Then make a counterclaim for the return of your security deposit. Here is a SAMPLE ANSWER. Modify it as necessary:
Here is how you answer the complaint:
(A) You use the same caption as the Attorney for the Landlord. For example:
Trial Court of So and So
XXX v. XYZ
(B)You answer the complaint by denying or admitting to the allegations on the complaint, or stating that you do not have enough information to admit or deny the allegation. You also put in some defenses you may have against the lender/new owner.(C) You answer each numbered paragraph separately:Defendant's answer to the Plaintiff's ComplaintNow comes (your name), the Defendant, in the above-captioned action and responds to the Plaintiff's Complaint as follows: Examples1. The Defendant does not have sufficient information to deny or admit to allegations in Paragraph 1.2. Admit.3. The Defendant does not have sufficient information to deny or admit to allegations in Paragraph 3.4. The Defendant does not have sufficient information to deny or admit to the allegations in Paragraph 4. This is a contract action and Plaintiff did not attach a copy of the subject contract to its Complaint.
5. Defendant now makes a counterclaim for return of her security deposit that the landlord is unlawfully withholding in violation Nebraska Revised Statutes section 76-1416
and so on...
(D) Lastly, you state: WHEREFORE, the defendant requests that the Court dismiss the Plaintiff's case, grant Defendant's relief on her counterclaim, etc.
(E) Then you sign and date your answer, include your name, address, and phone number.
(F) You would submit the original of your answer to the Court and serve a copy to the creditor's attorney.
(G) Date on the left
(H) Signature, name, address, phone number on the right
_______________August 12, 2009
Name and AddressPhone NumberSample Certificate of Service: CERTIFICATE OF SERVICEI, XYZ, certify that I have this 12th day of August, 2009 served a copy of the within Defendant's Answer to Plaintiff's Complaint for Damages on ( ABC ) and (ZZZ), by mailing said thereof by first class mail, postage prepaid, to its Attorney at the following addresses:(1)(2)
Signed under penalties of perjury,
Date on the left
Name, address, phone number on the right
________________________Date: August 12, 2009 Your SignatureYour name and address Phone number here
Thanks so much! You rock1
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