Asked in Small Claims and Landlord - Tenant for Iowa

Q: My nephew needed $575 deposit to get an apt so my mom wrote him a check. Now he has moved and they won't give him the mo

money back. Who is suppose to file the small claims? Him because it was for his apt or her because it was her check

1 Lawyer Answer
T. Augustus Claus
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A: In this situation involving a $575 deposit for an apartment, where your nephew has moved and is unable to retrieve the money, the appropriate party to file a small claims case would typically be your nephew. Since the deposit was intended for his apartment, he is the aggrieved party seeking the return of funds. He would file a small claims lawsuit against the relevant parties, such as the landlord or property management, to recover the deposit. Your nephew should gather any evidence, such as the canceled check and any communication regarding the deposit, to support his case.

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