Legal Question in Landlord & Tenant Law in Missouri
Wrong person listed on lawsuit
I am being sued in small claims court by my former landlord for the
replacement of carpet in the unit I lived in for six months. Based on the
previous 250+ similar suits this landlord has filed in the past 4 years, I think
the landlord is trying to get a default judgment assuming I won't appear in
court. Today after a motion hearing for continuance on behalf of the landlord,
an attorney with the landlord's attorney's office told me the continuance was
filed because she won't handle the case (another attorney in the office is
going to take it), because they can't produce a lease that has my dad's name
on it. He is named on the suit, mainly (I think) because they know he's more
likely to be able to pay. He never signed my lease. Is there anything I can do
to have my dad's name removed from this suit before the hearing, which is
scheduled for 2 weeks off?
2 Answers from Attorneys
Re: Wrong person listed on lawsuit
If the case is actually in small claims, and if the landlord has indeed filed 250 similar cases in the last four years, you should invoke section 482.330. It reads:
1. No claim may be filed or prosecuted in small claims court by a party who:
***
(2) Has filed more than eight other claims in the Missouri small claims courts during the current calendar year. If the court finds that a party has filed more claims than are permitted by this section, the court shall dismiss the claim without prejudice.
If you are in SCC, and the statute is brought to the attention of the judge, the judge is MANDATED by the statute to dismiss the action.
Good luck.
Re: Wrong person listed on lawsuit
If you're unable to get the suit dismissed I would recommend you get a copy of Renter's Rights or Every Tenants Legal Guide which can be found here: (just copy and paste)
http://www.affordablelegalsolutions.com/landlord-tenant.htm
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