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  1. #1

    Talking Eviction Counter-Suit

    Greetings!!

    I have a doosie for ya!!


    My landlord executed a lease with me on 12/12/06 for a period of one year. Two weeks later, she called me and wanted to Quit Claim Deed the house over to me because she was going into foreclosure! I told her I had no desire to do this.

    Then, my son had opened one of her peices of mail by error, and I saw that she was several months late, totaling over $6,000. I had originally given her first months rent, and last months rent. When we realized she was going into foreclosure, we decided to use up last months rent, and offer to stay on a month-to-month basis.

    She(her husband) came over demanding rent after the last months rent was due, and we gave it to him in cash, then he handed us a letter on 3/13/06 from her demanding that we vacate the premises as of 3/31/06, and we could stay the remainder of the month for free if we showed the house because it was now for sale. we agreed.

    3 days later, we got served with a 3 day notice to pay, or hand over the premises. Long story short, she began the eviction proceedings, and we were just served with it. Two hours later, a process server came to her house,(which we are inhabiting) and served us with her foreclosure documents, and informed us that she has been "equity skimming" and it is a felony.

    Well, I drew up a beautiful motion to quash and to be made whole again. Now I am counter-sueing her for all the rent we have paid and moving expenses. I believe that I will be victorious!

    My only question is:

    Was the eviction proceeding that she filed, filed in small claims court, or in county court? I know that there is a $5,000 limit on small claims, and I am counter-sueing for $6200.00. If she filed in county court, then I shouldn't have a problem, correct?

    small claims - up to $5,000
    county court - up to $15,000
    circuit court - over $15,000

    I guess the main question is, was it filed in county court.

    Thanks!
    mark

  2. #2
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    Default Re: Eviction Counter-Suit

    You didn't identify your state, but I don't know of any state where you can bring an eviction action in small claims court. The eviction lawsuit you were served with will include the identity of the court, its address and phone number, and the case number.

  3. #3

    Default Re: Eviction Counter-Suit

    It was in Florida. Didn't she default on the Lease by signing it for a year fully knowing that she could not rent out the house for that time period?

    Mark

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