Filing Suit Against An Apartment Complex?

[TXLeaseQuestion]

First off I am in Fort Worth - Tarrant County


Recently my apartment complex damaged property of mine total value is a little under 2,100.

They placed a massive sticker on my driver side window for parking illegally. I was parked legally lined up appropriately on the side of the street.

I have a specialized tint job on the outside of my window, the sticker peeled off this tint job and to compound the issue I have bullet proof glass for work related reasons. The only way to replace the tint is to sand blast the windows to tear it all off, which in effect will effect the micro fibers of the window and make it impossible to see out of.

So need a new window + tint job.

I have all work documents and invoices etc.

Now how the heck does one file suit against a company? Its a town home complex so no specific land lord.

Also what documents would I need to take to court?
Also can I sue for wages lost? I am contracted to the DHS/DEA for X amount per day. They really pissed me off by not being willing to even work with me in this matter. Is it possible to tack on that amount as well?

Thank you kindly

 

[army judge]

First off I am in Fort Worth - Tarrant County


Recently my apartment complex damaged property of mine total value is a little under 2,100.

They placed a massive sticker on my driver side window for parking illegally. I was parked legally lined up appropriately on the side of the street.

I have a specialized tint job on the outside of my window, the sticker peeled off this tint job and to compound the issue I have bullet proof glass for work related reasons. The only way to replace the tint is to sand blast the windows to tear it all off, which in effect will effect the micro fibers of the window and make it impossible to see out of.

So need a new window + tint job.

I have all work documents and invoices etc.

Now how the heck does one file suit against a company? Its a town home complex so no specific land lord.

Also what documents would I need to take to court?
Also can I sue for wages lost? I am contracted to the DHS/DEA for X amount per day. They really pissed me off by not being willing to even work with me in this matter. Is it possible to tack on that amount as well?

Thank you kindly

File a small claims case in the JP Court & Precinct of the property owner.

You can find out the name and legal address of the property owner from the apartment management.

Small claims is easy to get a judgment, but hard to collect on that judgment. This is especially true when corporations are involved.

You might get quicker satisfaction by filing a vandalism report under your auto policy's comprehensive provision.

 

[TXLeaseQuestion]

Thank you as always Army. The vehicle and insured through work and the PMC I work for is looking to file suit. I am hoping that if I handle this myself in small claims that they will not have to step in, there a bit of a juggernaut and will make everyones life (mine included living hell).

Do I have any merit to file suit for lost wages for the day in court or time spent in regards to fixing their miss hap?

Also I hate to be a pest but could you please explain as to how its hard to collect?

Thank you,

 

[army judge]

Thank you as always Army. The vehicle and insured through work and the PMC I work for is looking to file suit. I am hoping that if I handle this myself in small claims that they will not have to step in, there a bit of a juggernaut and will make everyones life (mine included living hell).

Do I have any merit to file suit for lost wages for the day in court or time spent in regards to fixing their miss hap?

Also I hate to be a pest but could you please explain as to how its hard to collect?

Thank you,

You have two years from the date of occurrence to file a small claims or justice court lawsuit.

Filing fees for small claims court and justice court are $31.00. There is an additional fee of $40 for each defendant you want served.

Small claims and justice court suits are generally filed within the precinct of the person you are suing. The limit in small claims and justice court suits is $10,000.

You may represent yourself or be represented by an attorney. You must be ready to prove your case at the time of the trial. A trial is set after the constable has served the person you are suing and he or she has responded to the court by filing a written answer.

No, you can't claim lost wages, unless you were injured as a result of the matter you're suing about.

Make sure you sue the entity (owner of the apartment complex) in the county and precinct where they have their main office. If you don't, your suit will get kicked out.

Collecting on a small claims case can be a nightmare, even for an attorney.
Why?
Texas protects a person's assets and property constitutionally.
It is extremely hard to collect judgments in Texas.
First of all, you can't levy against wages.
You can't levy against their main home.
Collecting on your small claims judgment in Texas:
http://texasjudgmentcollection.com/texas-judgment-collection-center/
http://research.lawyers.com/?aspxerrorpath=/layouts/Layouts/MainLayout.aspx


In the case of corporations, the sheriff or constable can levy their property.
So, it might be a bit easier.

But, you'll have to PROVE the complex damaged your car.
If you didn't see an agent of the property place that junk on your car, you'll have a very hard time.

Here is the Tarrant County JP website:

http://www.tarrantcounty.com/eJusticePeace/site/default.asp

It is very difficult to collect a money judgment in Texas. Our law provides that only non-exempt property of the judgment debtor may be seized to satisfy the judgment. Most judgment debtors do not have non-exempt property; in other words, most people have only exempt property. This means that even though you might obtain a judgment against someone, it is likely that you may never recover any money.

Please consider this before you take the time and the expense of filing a lawsuit. There are alternatives to filing a lawsuit such as the Dispute Resolution Center, Better Business Bureau, Austin Apartment Association, Austin Board of Realtors, Texas Department of Licensing and Regulation, Texas Department of Insurance, The Texas Workforce Commission, and other organizations and agencies, which might better serve your needs.

If you decide to file a lawsuit and you obtain a judgment, you may follow these steps to try to collect your judgment.

1. We suggest that you wait until the appeal time runs out before you do anything. The appeal time is 5 days in Forcible Entry and Detainer (Eviction) cases and 10 days for other civil cases (Justice and Small Claims Court).
2. After the judgment is rendered, you may obtain an Abstract of Judgment which you may file with the County Clerk in Travis County or any county in which the judgment debtor has real property. The fee is $5.00 and there is an additional recording fee for the County Clerk at the time you file the abstract. The abstract informs the county in which you have filed it that there is a judgment against the debtor and it creates a judgment lien on the debtor's real estate in that county. The judgment will probably be picked up by credit reporting agencies and be noted on the debtor's credit report. You may file this abstract in as many counties in Texas as you like. There will be a fee each time it is recorded.
3. Thirty days after judgment, you may obtain a Writ of Execution to attempt to seize the debtor's non-exempt property to satisfy your judgment. The fee for this writ is $205.00. Before you pursue this remedy, you should determine whether the debtor has non-exempt property.

To do this, you must rule out all the debtor's exempt property, as follows:
1. The homestead is exempt. This means a house and up to one acre of land in an urban area, or a house and up to two hundred acres of land in a rural area.
2. Current wages for personal services, certain unpaid commissions for personal services, and certain health aids are exempt.
3. Personal property that is eligible and that has an aggregate fair market value of not more than $60,000.00 is exempt if the debtor is married or otherwise part of a family and $30,000.00 if the debtor is a single adult not a member of a family. The following items of personal property are eligible for exemption within above monetary limits:
1. Home furnishings, including family heirlooms;
2. Provisions for consumption;
3. Farming or ranching vehicles and implements; tools, equipment, books, and apparatus, including boats and motor vehicles used in a trade or profession; clothing; jewelry (not to exceed 25% of the aggregate); two firearms; athletic and sporting equipment;
4. A two, three, or four-wheeled motor vehicle for each family member who holds a drivers license;
5. Certain farm animals and forage on hand reasonably necessary for their consumption;
6. Household pets;
7. Cash surrender value of certain life insurance policies.

If a judgment debtor has no non-exempt property, you cannot execute on your judgment.

There are other remedies available in addition to the Writ of Execution, but they are even more complex. Relevant law for these remedies can be found in the Texas Property Code, the Texas Civil Practice and Remedies Code, the Texas Rules of Civil Procedure and elsewhere. The best advice is to consult an attorney.

This information is not intended to constitute legal advice or to take the place of an attorney. The Justice of the Peace and the clerks are prohibited by law from giving legal advice. The law concerning the collection of judgments is complex and can be property explained by your attorney. You may want to view the Texas Law Help web site.

http://www.co.travis.tx.us/justices_of_peace/jp3/collecting_judgments.asp

 

[TXLeaseQuestion]

I forgot to ask as well, my apologies.

With the issue in regards to collecting judgment would it be possible to ask for the damage to be deducted from rent or if they failed to pay to simply pay rent - the amount owed. I have a feeling that would then land in evictions court but wouldn't that have a pretty strong case if I had a judgement in my favor and the corporation failed to pay?

Thank you

 

[army judge]

I forgot to ask as well, my apologies.

With the issue in regards to collecting judgment would it be possible to ask for the damage to be deducted from rent or if they failed to pay to simply pay rent - the amount owed. I have a feeling that would then land in evictions court but wouldn't that have a pretty strong case if I had a judgement in my favor and the corporation failed to pay?

Thank you

Small Claims in Texas, is also the court that handles evictions.
But, you can't use your judgment to offset your rent.
You can, however, speak with the management about settling this before you sue them.
You might ask them to offset your rent for one month, two months, XXX months; in lieu of paying for your repairs.
It would be easier to settle this that take them to small claims in Texas.

 

[TXLeaseQuestion]

Yah I have been talking to them extensively, I have furnished them with literally everything they have asked for + more.

They sent me an email back today saying that their corporate office wants their legal department to handle this which I am assuming they are politely going to tell me to screw off.

Its a relatively small amount of money but I know if I dont take care of this Blackwater will, and they don't play fair at all and will literally make my life a pain in the butt trying to get this resolved.