Legal Question in Landlord & Tenant Law in Texas

Yesterday I won a small claims suit against my landlord, but I was not awarded enough to justify my expenses, and I have proof that the defendant submitted false evidence. How do I go about filing a motion for a new trial? He with held my $2,550 security deposit in "bad faith." I never received anything from the property managment company. They stopped taking my calls and emails. I have proof of correspondence and everything. My whole case showed they retained deposit in bad faith. Managment company showed a piece of copied paper that had a certified mail barcode and my address hand written on the front with a Pitney Bowes Automated postage stamp. He stated he sent the check, and didnt retain in bad faith, but we just never received it. They had no return receipt, or proof of mailing. They had no canceled check, or itemized deduction list. I went after 3 times the amount of $ I was out and court costs. I was only awarded $1500.00. When court let out immediately I went to the post office to have them trace the so called letter, and the supervisor said that the certified letter was a fake. I even had her print out her inquiry and sign it, as well as the regional supervisor for USPS to open a case inquiry . THis guy manufactured a document and submitted it as evidence, and I'm not sure what to do now. Please help!!!


Asked on 11/24/09, 3:53 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Your best bet: go to the clerk of the small claims court and ask them about the procedure for filing an appeal. Bring paper, and take notes. The appeal is probably by trial de novo to the County Court at law. You'll want to do this VERY SOON, as your time limit might be only ten days.

Don't bother telling the clerk about all the facts of the case, as they don't matter at this point.

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Answered on 12/02/09, 4:07 pm


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