How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Phillips Esq. Your Own Question

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 12820
Experience:  B.A.; M.B.A.; J.D.
Type Your Legal Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

I received a collections notice from an agency for damages

Resolved Question:

I received a collections notice from an agency for "damages" to an apartment I'd moved out of without ever having received any documentation from my landlord. My last communication with the landlord was the keys and my forwarding address to get the deposit back. 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?
Submitted: 4 years ago via Nolo Press.
Category: Legal
Expert:  Phillips Esq. replied 4 years ago.

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.

 

http://uniweb.legislature.ne.gov/laws/statutes.php?statute=76-1416

 

Customer: replied 4 years ago.
II have just received a summons from the collection agency for small claims court for the sum of $1300. How do I respond? 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? 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? I guess final question is how do I respond to the summons from the collections agency? thanks
Expert:  Phillips Esq. replied 4 years ago.

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 Complaint

Now comes (your name), the Defendant, in the above-captioned action and responds to the Plaintiff's Complaint as follows: Examples


1. 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.

Counterclaim

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

6.

 

6.

7.

 

 

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 Address
Phone Number


Sample Certificate of Service:

CERTIFICATE OF SERVICE

I, 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 Signature
Your name and address
Phone number here

Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 12820
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 15 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

Thanks so much! You rock1

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.