If i am sued, can i go to court and defend myself without a lawyer???

Question

I have just moved out of an apartment and the landlord has sent me a letter requesting for a certain sum within 30 day, and threatening to file a case in which he will claim 5m if i do not comply.

Answer 1

You don't say why your landlord is requesting the money...is it for prior rent, monies due from breaking the lease, damages to the apartment or something else. If you really don't know, request an itemized statement of what and how much, along with estimates if it is for repairs.

If it is for past due rents, then contacting the landlord and working out a repayment option that you can both live with and sticking to it would probably work out best for both of you.

If it is for anything else, you likely want to at least have a consulation with an attorney that can best advise you of based on the laws in your particular state as to what you need to do to prepare, what are the odds of win/loss based on the facts and what sort of timeline to expect.

It would depend on the limits in your particular state as to whether or not your landlord would file suit in Small Claims Court or Superior Court. In Small Claims Court, limits vary between $3,000-$6,000, depending on the State and you could more easily represent yourself as it is a more informal setting and you are not expected to know the law and the Plaintiff, the person suing you, must prove their case by a preponderance of the evidence and you have a right to respond and refute after they have stated their case.

If it is filed in Superior Court, where you really would want to have a lawyer because legal procedures will be expected to be adhered to and you would be a severe disadvantage not to have the representation as your landlord likey will.

In a suit, while the landlord would have to pay their lawyer initially, they can sue for attorney fees, as well as Court costs be included in a Judgment against you. If you are sued, your attorney could counter sue for the landlord to pay your attorney fees, but would likely only be granted if the landlord's lawsuit was found to be frivolous.

Answer 2

Yes you can, but there is an old saying that goes along the lines of...a person who defends themselves has a fool for a client. Spend the bucks and hire an attorney. As far as the 5m, that is technically a threat and that can come back to bite him in the arsh.

Good luck

Answer 3

Firstly, as a general rule you should never go to court without first talking to a lawyer.

They will tell you what your options are. Then if you represent yourself in court it will be much easier. They can also talk to the landlord directly, maybe solving the problem without gong to court.

Finally, don't think you need to go to court. If you really have to pay this money and can't, then talk to your former landlord and arrange some regular payment schedule.

Also, if he takes you to court it will cost him a lot of money so he won't do it, but will threaten to do it.

If you think you don't have to pay it, then politely go and see the landlord and say, I am confused, I don't think I have to pay this money (smile and be polite, say you will pay if you have to).

Answer 4

Yes, you can defend yourself. One thing I would say is you need to stand up to your landlord I know they tend to try to use threats to get what they want. They believe if you are a renter then you don't know enough to stand up for your rights.
DO NOT LET HIM PUSH YOU AROUND!
My experience you stand up and do what you believe is right they will back down.
Good luck

Answer 5

Yes you can legally represent yourself in court but if you dont know proper procedure and content of what will be at the trial it isnt really a great idea.

Answer 6

Out of personal experience, defending myself in court has only brought me more stress than I could handle & lost more $$$ than I had. It cost me my life's savings. At least get legal advice!

Answer 7

I wouldn't.