I have submitted a small claim against my past apartment company management because they did not return my $500 deposit. So I wonder if you could help me with some advice. So here is my story!
I live in Georgia and my lease ended on August 30th. I cleaned the apartment and handed my keys. The staff there told me that the manager will check the apartment for any damages and get back to me. I know, stupidly I did not force them to walk the apartment with me – a lesson learned. On September 17 I receive a letter from the apartment management saying I owe them $500 because of the damages I made to the carpet, counter top replacement, paint, etc., which is all lie! I lived there for two years with my wife and had no pets or anything. So I sent them a couple of letters asking to solve the matter friendly and I decided to take them to file a small claim court.
The apartment company received the court notice on October 20. However, I had been contacted by their debt collector and I replied by certified letter within 10 days to the debt collector informing them that there is a claim pending and they should stay from collecting the debt until the court decides.
Now a couple of days ago I received a letter from the apartment company’s attorney, which was basically copy for my information of ‘Answer and Counter Claim’ to the Magistrate Court in response to my complaint against them. The Answer’s defense summary is basically denial of my claim against the apartment company. The ‘Counter Claim’ briefly says I still owe them the $500 for the damages beyond wear and tear, which is not true.
My two questions are:
- &nbs... What is the situation with this ‘Answer and Counter Claim’ I had received? Does that mean the court will dismiss my complaint without even a hearing!
- &nbs... Does the Debt collector has the right to continue collecting the debt or report my to the credit bureau even though there is a court claim in progress.
Thanks you all for your help