united-states small-claims-court
Security Deposit Lawsuit
<p>I graduated in December 2015, and had someone take over my lease. They were rather destitute at the time, so instead of paying their security deposit upfront to replace mine when they moved in, I drafted an agreement we both signed explaining that the new tenant would pay the landlord his security deposit before the end of the lease, which ends today 5/27/2016.</p>

<p>I haven't received anything from my former landlord yet, and was looking to take the new tenant to court in order to get my money back, but I have a few questions.</p>

<p>Pertinent information that may help:<br>
This all happened in the state of West Virginia<br>
The new tenant is currently employed 40 hours a week at McDonald's</p>

<ol>
<li>The dollar amount in question is 480.00, would this be worth going to court over when considering court fees?</li>
<li>In a case like this would a lawyer be necessary or too costly for the money lost?</li>
<li>Do I stand a chance to win? The document I wrote was written with good will giving the guy the benefit of the doubt, so it is lacking any sort of legalese</li>
<li>What happens if I win, and he can't pay?</li>
</ol>

<p>I can comfortably walk away from the money if it is a lost cause, he saved me 2,375.00 dollars in rent money by taking over my lease, the only reason I truly want to pursue this is for the principle of the matter.</p>

<p>Fees for filing in small-claims court vary by jurisdiction.  If the defendant can't pay then you can't collect even if you win.  If the defendant doesn't <em>want</em> to pay then the cost of collecting on a judgement will almost certainly exceed $500, though if successful in collecting you can often add those costs of collection to the judgement.</p>

<p>You do not need a lawyer to pursue a grievance in small-claims court.  I don't know what the lowest rates are for lawyers in WV, but I'd be surprised if any lawyer would bill less than $100/hour, and even someone that cheap might be hard to find.</p>
