Vanity-Any legal freepers with advice?

1/1/06 | Will_Zurmacjt

[Will_Zurmacht]

A quick question for legal minded fellow freepers.

It seems I'm being sued in small claims court. It stems from an incident 6 months ago, I was looking to move and spoke with a realtor. I never signed a contract. I did fill out a "credit application". He advised me that the apt wouldn't be available for at least a month.

The real estate guy told me he needed to "hold" a check for the first months rent. He advised he would not cash it until he received the contents of my credit check and a signed contract. He advised he would mail the contract out Monday (we met and did this on a Friday after 5:00) and I should read it and sign it and return it to him. Then, and only then, would the apartment be mine. But I'd have to wait a month.

Two hours after this conversation I called him and told him that I wasn't interested, A friend had actually found me another apartment that I could get into immediately.

When we spoke he became agitated and told me that was fine, but now he was just going to deposit my check now for "wasting an hour of his time". I told him not to, just tear it up, there was no contract, and he had originally promised not to deposit the check until I had passed a credit ap and returned a signed contract.

I called him back and he was even more hostile, basically unreasonable. I then told him that I was going to put a stop payment on the check and that he should not mail me a contract, I wasn't going to do business with him.

A week before Christmas I rec'd a summons to small claims court from this guy. He's suing me for the $375 check I put a stop payment on.

I'm just a grad student in Kansas, and have no idea about the law. Advice from friends has ran the gamut of "raise hell in court" to simply telling the judge what happened and if I have to pay consider it a lesson well learned.

Any legal experts have any wisdom on this matter?

[endthematrix]

"Thanks for all of the advice and help."

What did the Legal Services Office at the school say? Were they there at trial to represent you?

Lemme guess...you didn't call 'em.

[Will_Zurmacht]

Um, actually you're right...I didn't call them.

I went over to meet with them in person.
The attorney in the office provided me with the copy of the Kansas Tenant's and Landlords law.It was the campus attorney that explained the Security Deposit law in detail to me, and they advised me of the key points to make during the trail.

And no, you are right once again..they were not at the trial.
You see, Kansas Law forbids outside legal representation in Small Claims court. Only the parties directly involved in the case are allowed in the courtroom. Lawyers are not allowed. It is just 20 minutes of Plaintiff, Defendant, and a judge.

Lemme guess....you just wanted to pop off without knowing what you are talking about....hehe.

Seriously, take care.

[MSCASEY]

I am sorry that I could not be of more help. It all seems pretty rotten to me.

I would end up in jail if I became an attorney because I would not remain silent in front of a judge that thinks they are god.

Take Care,
Ms. Casey's daughter