Legal Question in Landlord & Tenant Law in Washington

Responding to motions filed for Small Claims.

I recently had papers served to my previous landlord for Small Claims Court. Three days after serving the papers I received copies of two motions filed with the court from the defendant. One motion is to have the case dropped due to lack of proof of claim. The second is to have the court date and location moved. The original court date is this Friday. My questions are: Do I need to reply to the motions before the court date? If so, do I respond to the court, or to the landlord? Also, can they state lack of proof if we have been corresponding, verbally and in writing, about the money for two months? Thanks for the advice.


Asked on 3/12/07, 10:00 am

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Responding to motions filed for Small Claims.

I'd need to know more specifics to give you the best advice, but here's my take:

You have a mediation date pending; that's when the defendant can argue that you have failed to state a claim upon which relief can be granted, not in a motion before then.

Yes, you need to respond, and yes, respond to the court and send copies to the other party. Respond ahead of time so everybody has a chance to see what your answer is.

Their request to "move" the date and the place may or may not be too late - I cannot tell.

Did you sue them where they live or where the rental house was located?

They can claim whatever they want, and settlement negotiations are completely inadmissible under the rules of evidence.

The only "motion" a defendant in a small claims case can make that should cause you to sit up and pay attention is a motion to transfer the case to civil status because they want to get a lawyer.

Lawyers are not allowed in small claims. So, the case has to be transferred. Sounds to me as though they do have a lawyer, but he's hiding.

Your job is to have your evidence prepared to demonstrate why you are entitled to whatever it is you are claiming you are entitled to. A copy of the contract, a copy of the relevant law, a copy of the checks you wrote, or other proof you paid, etc. Make copies for the judge and opposing party and yourself, the originals go to the clerk to be filed with the pleadings.

I hope this helps. Powell

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Answered on 3/12/07, 11:38 am


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