Month: November 2019

A recap of the first part of this story:

If I lose in this court trial, I would be paying an amount close $20K to my landlord-money I don’t have. That was his counter claim after I sued him for $3,150 to retrieve part of my security deposit.

You can only imagine the pressure I had as I stood before the court!

Facing the Judge

Just to stand before a judge was nerve-wracking enough, and having to speak with clarity and convincingly to defend myself compounded the anxiety.

But in my prayers for help, the Holy Spirit reminded me of His instructions and promises.

Promises claimed

“Do not be anxious about anything but in every situation, by prayer and petition, with thanksgiving present your requests to God. And the peace of God which transcends all understanding will guard your heart and your mind in Christ Jesus” (Philippians 4:6-7)

“I can do all things through Christ who strengthens me.” (Philippians 4:13)

Prayers uttered

Then I presented my requests to God The Father in prayers:

I asked God that while I’m standing and speaking at the court He will:

stand with me, give me strength and courage, remove any feeling of animosity or anger toward my landlord. I prayed that I can treat him with respect and dignity as a human being and that I can forgive him for his mistreatment of me. I asked that the Lord will give me the spirit of humility, that even my facial expressions will not show hint of anger and pride- that I can speak the truth in love- that my voice will convey truthfulness and sincerity. And while I listen to my landlord’s arguments, allegations and claims, I will have the ability to react with grace and calmness.

Doing my assignment

The night before the trial, I reviewed the points I will say as a rebuttal to my landlord’s arguments. I paid attention to details such as dates, scope of work etc. I evaluated in my heart and mind what really were my responsibilities in each of the claim and accept them with peace. At the end, I made a list of what items I must concede. Here’s the list of the things I accept responsibility and ready to settle with my landlord: unpaid rent, half of the amount of cleanup and some fines for late payment of rent.

The trial

The trial was tensed and animated at times, especially when my landlord spoke. Many times the Judge interjected because he said things that were not relevant to the discussion. When he insinuated how bad a tenant I was, the judge had to put him on track. At one point, the judge decided to give a 5-minute recess because he could not find supporting documents from the pile of papers he brought to court.

Meanwhile, I presented my points as clearly as I could and gave reasons why I MUST NOT be held responsible for many of the items the landlord were putting on me. I accepted my responsibilities and expressed that I was ready to pay my part: unpaid rent, cleanup and some late fees. I said what I was suppose to say and answered questions from the judge and the landlord the best I could. The judge interjected once or twice when I tended to drift which I graciously acknowledge. Then I rested my case.

The judgement

He was convinced that I did not abandon my lease. The fines for the Village code violations could not be pinpointed as my fault because there were other tenants that could have perpetrated the violation. The landlord could not justify that I was responsible for the damages he listed and therefore I cannot be held responsible for the cost of repairs. As for the late fee fines, only three months were verifiable as late therefore only $300 dollars will be taken from me. Also, as I indicated to be my contribution for cleanup and dumpster rental, $350 will also be taken from me. I owed $8500 for unpaid rent.

The final verdict

“Judgement in favor of the plaintiff in the amount of $2,850 plus $246 court cost.”

I got what I wanted!

My prayers were answered!

Total amount to be reimbursed to me:$3,096. This was $54 short of my original claim of $3,150.

It was a sweet victory!

The judicial system works!

All glory to God who was with me throughout the process. My heart is full of gratitude to Him who helped me.

Overall, my court experience although full of tension was rather fascinating-

an interesting life episode added to my histrionic life!

Thank you for reading my friends!

When I sold Mabuhay Restaurant in October 2018, I was expecting to get my security deposit reimbursed to me. But the landlord said, “You should not expect any dime back because you owe me more than the amount of the security deposit.” That’s when I decided to take the matter to the court. The process took a little more than a year. Here’s what happened.

The complaint was taken to the Small Claims Court. The goal: To retrieve at least $3,150 out of the $12,000 security deposit. I initiated the process which made me the “Plaintiff” and my land lord the “Defendant”. During the filing of the claims, the court clerk asked me how I wanted the summon served; certified mail- which is cheaper, or the more expensive way via the Sheriff. I chose the cheaper option.

I appeared at the court on the designated date but the Judge told me that the summon was not served. The case is to be continued. Apparently, the Defendant ignored the Post Office notices that a certified mail needs to be picked up from the post office. Somehow, he evaded the mail being delivered to him at home. Unlike regular mail, a certified mail requires a signature for it to be delivered and no one was home to receive and sign the delivery. I doubted that the Defendant would initiate going to the post office to get the mail knowing what it was- a court summon. Therefore, I had to resort to the other option- the Sheriff serving the court documents.

The summon was served with a new court date set. Finally, after 9 months of waiting, the Defendant and I appeared before the Judge. The Judge asked both of us if we could settle the issue between us. I said I was willing but my landlord refused. He said he would file a counter suit. The Judge then set a trial date which is today November 19, three months after our first hearing.

Before the trial date, theJudge ordered us to produce our evidences and those documents must be mailed to each of us by November 5.

I received the counter suit documents in early November. I was shocked to see his long list of complaints and claims. He argued that I abandoned my lease and therefore I nullified my security deposit. If that is really the case my $12,000 is gone! He then proceeded to mention other claims with receipts as proof. He’s now petitioning the court to make me pay. Hers the list of his claims:

Grease trap cleaning-$1,500

Replacement of a broken door-$1,500

Fines from the village office for code violations 2 incidents $500 each or a total of $1,000

Repair of faulty electrical connections $1,850

Repair of circuit box and receptacles- $685

Fines for late rental payment alleging that I was late most of the time $100/ month. Total $2,500

Removal of Mabuhay Restaurant Signage $350

Unpaid rent $8,500

Cleanup and Dumpster rental- $1,350

All of the above totals $19,185

If I fail to sufficiently answer all these allegations I will end up paying the landlord thousands of dollar, an amount of money I don’t have!

“Dear Lord, please help me!” I prayed.

To be continued on “myDay in Court Pt2”

What language do you speak? Be-ne or Ma-Le?