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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19653
Experience:  B.A.; M.B.A.; J.D.
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I received a collections notice from an agency for damages

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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?

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 8 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

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. and 5 other Legal Specialists are ready to help you
Customer: replied 8 years ago.

Thanks so much! You rock1