[RPPTL LandTen] Jurisdiction question

[Lainie Simon]

The clerk in PB would bounce it back and require that it be done as a statement of claim.


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On Mar 13, 2015, at 10:58 AM, Anthony J. Horky <ahorky at horkylaw.com> wrote:

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.      
 
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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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