[RPPTL LandTen] Jurisdiction question

[Anthony J. Horky]

Harry:  I believe you can file in county court.  Recently I looked for a
statute that mandated that claims under $5000 be filed solely in small
claims court but did not find anything. Chapter 34 says claims under $15,000
go to county court.  If it is not proper, then it would likely be
transferred, not dismissed.      

 

Regards, 

 


 

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Harry Heist
Sent: Friday, March 13, 2015 10:45 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Jurisdiction question

 

Is it required that a simple security deposit dispute case for $1200 be
filed in Small Claims Court or can an attorney file in County Court with a
regular 20 day summons?

 

No injunctive relief is being asked for but it is a ridiculous complaint for
one count called "Failure to Return" and a count for "Unjust Enrichment".

 

What a waste of time.

 

If it is not proper, would a Motion to Dismiss be proper? The attorney who
filed is not returning calls or emails so we can't even try to settle this
dumb case.

 

Harry

 

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