Re: I Am Being Sued for Back Rent and My Name Was Not on the Lease
Hum, I was officially served on the 23rd of June. Date filed is June 14th. But sheriff didn't fill out any other required areas and he didn't make me fill out the part where is says.... I was served etc etc...
Re: I Am Being Sued for Back Rent and My Name Was Not on the Lease
That's not the sheriff's job.
Your job though was to read what you'd actually been served; I'm sorry, but you may find yourself on the wrong end of a default judgment that you may need to appeal afterwards and at your own cost. You've sat on this for over two months already!
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If you lose your case in a small claims court hearing, you may appeal the decision to the circuit court in the same district. In small claims court, you have 30 days from the time judgment was entered to file an appeal and pay the filing fee. If you don't have the money to pay the fee, you may be able to get the fee waived.
The circuit court will have an entirely new trial from beginning to end and you won't be required to have a transcript of your small claims trial. Detailed instructions for filing a small claims appeal are available from the clerk of the court.
Only those who are parties to a case can appeal. The party seeking to appeal must have been adversely affected by the judgment. A party can't appeal from a judgment in that party's favor unless the ruling didn't grant all the relief sought.
Motion for New Trial
You have ten days after the court makes an adverse judgment to file a motion for a new trial. Generally, requests for a new trial are denied but if the court does grant your motion, you will receive a summons to a new trial.
Motion to Change Judgment
You must file a motion to alter or amend a judgment within ten days of receipt of that judgment. You must file a motion to revise a judgment within 30 days of receipt of that judgment.
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And in reality, "sitting on it for over 2 months after you were served" is rarely grounds for a trial de novo (new trial).
Re: I Am Being Sued for Back Rent and My Name Was Not on the Lease
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Quoting
Dogmatique
That's not the sheriff's job.
Your job though was to read what you'd actually been served; I'm sorry, but you may find yourself on the wrong end of a default judgment that you may need to appeal afterwards and at your own cost. You've sat on this for over two months already!
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And in reality, "sitting on it for over 2 months after you were served" is rarely grounds for a trial de novo (new trial).
Okay that... I understand. But if i go to court. Defend my case... I still have a chance yes or no?
Re: I Am Being Sued for Back Rent and My Name Was Not on the Lease
You may not be ALLOWED to defend your case.
Re: I Am Being Sued for Back Rent and My Name Was Not on the Lease
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Quoting
Dogmatique
You may not be ALLOWED to defend your case.
:).... Hum, well.. I am still going to trust in God on this one.... Turn this paper in on Monday and explain the situation. Because I have never been to court a day in my life, and I really have no clue how it goes. And i will still show up for court. But thanks for your input.
Re: I Am Being Sued for Back Rent and My Name Was Not on the Lease
Explain what - that you've sat on this for two months? Who are you going to explain that to? :confused:
Re: I Am Being Sued for Back Rent and My Name Was Not on the Lease
I haven't sat on anything... I just followed the instructions that i was given. Obviously you are someone in law...That's great, but you don't have to be rude about it.... Which you were rude... From the beginning of this conversation. Seriously, I completely understand all the reasons for me to be ignored. And i'm sure on your end.. You're seeing this as just another idiot who didn't read. While it is not at all the Sheriff's job to inform me. It would be nice to know that he went the extra mile. But that is not the case and while I appreciate your honesty in the matter. You do not have to be so arrogant.... Anal Sphincter
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Especially... The fact that you called me a liar... Right off the bat... With considering... That i am new to this. I just wanted a detailed answer to my question. I deal with people like you everyday... I'm the extremely nice and patient person you meet... Who is trying to help you, but you still choose to be rude. RELAX!!! TAKE A BREAK!!!
Re: I Am Being Sued for Back Rent and My Name Was Not on the Lease
Yes, you've sat on this mess. You were served in June, and have done nothing since then. You didn't even read the papers you were served until when...tonight?
But hey, you want to make me the bad guy? That's fine. Go right ahead.
It's your lawsuit, not mine. ;)
And I have something far better than a break. I have a Kit-Kat!
Re: I Am Being Sued for Back Rent and My Name Was Not on the Lease
If you haven't defaulted, get your act together - file your answer, affirmative defenses, etc. - yesterday would not be too soon. If you attempt to do that and find out that a default has been entered, find out if the actual default judgment has been filed or if there is going to be a hearing on damages (and when it is scheduled) and get back to us.