Marietta Thompson bought a cute little Everett home. It has everything, including room to let her dog run.
Before moving in, she rented a duplex just down the street. The property managers were Century 21 North Homes out of Everett.
"I have to tell you that property manager is the worst I've ever dealt with," she said.
Needless to say, things didn't go well when Marietta moved out and didn't get her security deposit. She took Century 21 to Snohomish County Small Claims Court and won a $789 judgment.
"I felt good. It made me happy," she said.
Century 21 had 30 days to file an appeal or pay the judgment. Neither happened.
"Then I just heard nothing," Marietta said.
She even called to see where the check would be.
So I went to the Century 21 office and was told property manager Gwen Cannon did file an appeal.
"I don't want this to be an example for another case that might happen in court where tenants feel like they should get their deposits back in breaking the lease," she said.
Branch manager Michael Moore sent me an e-mail with the appeal documents Ms. Cannon said she signed and filed.
I sent them right away to the top executives with Snohomish County Superior and District courts. They wrote back saying the same thing. There was no appeal from Century 21.
So I asked Gwen Cannon again if she filed that appeal and she said yes.
But when I submitted proof the appeal was never filed, she argued: "I did file an appeal, yes, I did."
Moore suggested it wasn't her fault.
"Jesse, it could be as simple as the court doesn't know where the piece of paper is?" he said.
I went to speak with Michael Larson. He is a real estate attorney with 25 years of experience and serves on the Washington State Bar Association's executive committee for real property. We thought he might know about the world of disappearing appeals as he has filed hundreds of appeals.
We asked how many have been lost.
"None. Never had it happen," he said.
Ms. Cannon's explanation on the missing appeal: She was given the wrong paperwork, followed by bad information from a clerk.
"She said, no, all you have to do is fill out the paperwork and leave it with me, so that's what I did," she explained.
She saved one last shot for the judge.
"I'm saying that the judge, who even ordered her security deposit back, the judge is wrong," she said.
Less than a week after this interview, Mariette got a check in the mail for $789.
"I feel wonderful," she said.
Appeal documents have to be officially stamped by the court, and those filing appeals must post a bond equal to twice the amount of the judgment and pay $260 in fees.
I asked Century 21 North Homes if they had a copy of their receipts from the court. I'm still waiting for a response.
For consumer concerns, e-mail Jesse at getjesse@king5.com or call toll-free 877-51-JESSE.
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