Legal Question in Real Estate Law in Georgia

Small claims cour

We are being taken to small claims court by our ex-landlady.She claims we owe 4 months back rent.We claim we donot and we were current when we left.This was filed on us two months after we had moved with no contact with her what so ever.Who has the burden of proof since she only accepted rent in cash?


Asked on 12/19/01, 8:16 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Small claims cour

Well. Who do you think has the burden of proof? Plaintiff (the Landlady) does. The moving party on a motion or a complaint always has the BOP until rebutted. If you actually paid her, file an answer and send along a sworn affidavit (which is not required) showing that you paid her in cash and you swear to it under oath. If there is a trial or court hearing, you will still have to show up and cannot merely rely on your filed affidavit. However, if she is lying as you contend, your sworn affidavit may scare the case away before it ever gets to trial. HCW

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Answered on 12/19/01, 10:16 pm


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