What happens if i don't show up at small claims court?

Question

My father in law used to be a land lord. He told me that when he would take tenants to small claims court, if they didn't show up, the case was thrown out and if he still wanted the money, he would have to file with the court again.
I've also been told that if i don't go, the judge will rule in their favor...and it will hit my credit.
So, the main question is, if this does hit my credit, it will be under $500 and we don't have any liens on anything. I own my car, etc. How much will this hurt my credit?
Also, is it possible to ask for their receipts for the ceiling repair and the doors that we didn't damage? And can i ask that they submit their previous tenants damage list (which they took them to court over) so it could be compared to the damages they claim we caused?
And how can we argue 'smell' of the residence upon move out? I cleaned those damn carpets 3 times JUST so they couldn't use this sad excuse of "pet odor" in the home. i have pix of the clean carpet.

i also used carpet freshner on the carpets. THIS DOES NOT IMPLY GUILT!! We knew we weren't going to get our deposit back because they had just filed bankrputcy prior to evicting us due to no fault of our own. So, my gut feeling (which is 99% right) told me that they would pull this crap with the 'pet odor' in the house. When we moved in the house smelled from the previous tenants animals.

We left that house clean when moved out. Cleaner than what it was when we moved in. For example, we had roaches when we moved in (didn't know it, we saw them afterwards), after 3 exterminations and keeping a clean house, there were no roaches when we moved out.

They are trying to screw us, believe me, but i need to win this case, because in all honesty, we don't have the money to pay them...which we tried to get across to them when we were forced to move out. And we had to pay for a new sec dep, months rent and pay them, etc. we don't have the money they are asking for. period.

Oh, and we did do a walk through (which i just found!!!!!!!!!!! sigh of relief)...it basically states that everything needed repaired, fixed, etc. They sent us a 'letter' back dismissing our claims and asking for further explanation...which i didn't do mainly because i didn't want to rule out the fact that the place was majorly f'd up by the previous tenants. If i had provided extra information, they could use that against us. ALSO, there wasn't a place for ALL of the bedrooms, so we had to make room for the other two. They are getting us for a hole in the closet door (that sat in the garage the entire time we lived there...it wasn't up when we moved in).

Door handles were busted/splintered (all of them) when we moved in...they claim that we did it...come on! In the bathroom...?

see, the deal is...they are moving back into the house we were renting from them. So my concern was that when they moved back in, they would make the necessary renovations that they didn't do for us

if they are not replacing the carpets, can they charge us for taking them up???

Answer 1

I am not sure about the small claims court but if you get this on your credit every time new apartment complex runs your credit prior to move in, you will be denied tenancy; because your credit report will show that you owe money to a previous management company.

On the apartment damage from a previous tenant - Do you have a Move-in/Move-out check list that was given to you at the time of move in? You would have had time to mark any deficiencies you have noticed. Also a lot of managers use those at the time of move out when the unit is checked by them (it's called walk-through). When the form is completed usually you keep a copy. I would say if there is nothing in that copy about the carpet's condition I am not liable. All carpet has 7-8 years life, if the carpet is older than that and/or you lived longer than 3-4 years, its called ''normal wear and tear" and tenants do not pay for replacements.
If there is a record used in court about the condition of the apartment you lived in, I would say use it. It will show that first it was not fixed by the landlord; and second - they will loose credibility. Hope that helps.
(Hate scummy landlords).

Answer 2

To the first question, you lose and a judgment will be issued in the landlord's favor. He can use that judgment to garnish your wages, bank account, etc.

To the second point, never move into a place without a 'walk-through'. List any damages that you find on the lease before signing. If no lease, just write up a list and have the landlord sign it. If you find damage after moving in, send an email or certified letter immediately to document the damage as soon as possible.

As for previous tenant's damages, they are irrelevant unless it is something really unique or bizarre. Just because he charged them for a broken ceiling fan doesn't mean that you didn't break one, too, so their damages are not proof that he is double dipping for the same damage. The only way that he can collect twice for the same damage is if you didn't perform your due diligence and document the condition of the place when you moved in. You can't expect a judge to determine the condition of the place when you weren't willing to do it yourself.

Counter-sue for your security deposit back and then he will have to prove why he is keeping it. He will need estimates for all damage to justify the amount he is seeking. If you don't counter-sue, though, you won't be able to get a refund of extra deposit if you're entitled to any.

Answer 3

If you are the respondent (defendant) in a small claims case and you fail to show up, the petitioner (plaintiff) wins by default. If you are the petitioner and fail to show up, your case is summarily dismissed. Basically, if you want to tell the court your side of the story, you need to show up.

Most likely in this situation (I am assuming your former landlords are suing for damage to their property), you have the right to a list of damages you supposedly caused to the property and the receipts for payment of repair of such damages. I do not believe that you can get the previous tenants damage list, as all of these items should have been recorded when you initially moved in on some type of check-in list. In most states, it is up to the landlord to prove that damage beyond normal wear and tear occurred to the property while you lived there. I would go to court and bring all the evidence you have to back up your case so your side of the story gets heard and considered.

EDIT

I would file a counter-suit for your security deposit and make them prove that they had a right to take your deposit. The landlord declaring bankruptcy does not necessarily remove their obligation to return your security deposit. They only have the right to retain any money from your deposit if they can prove that you have unpaid rent, unpaid bills, or caused damage beyond normal wear and tear. If the place was in the same or better condition when you moved out than when you moved in, there should be no proof of damage beyond normal wear and tear and they should have no legal argument to retain your security deposit.

I am not sure what state you are from, but in the state of Minnesota (where I am from), a landlord must either return your deposit in its entirety or provide you a list of damages and charges that they are claiming against your deposit within 14 days after the end of the lease. Failure to do this results in the landlord losing any legal claim to the deposit. I would consult your states laws. It is possible that if you have not been given a list of what damages you caused to the property or a reason why your deposit was not returned in writing, that the landlord has no legal claim to that money or any other money from you.

From the way it sounds to me, their case is at best weak and you should win this one.

Answer 4

If you don't go to court to defend yourself, the plaintiff automatically wins by default and it will go against your credit. Bring evidence of a clean house, and receipts from your exterminator, that should blow their case to kingdom come and definitely have your lawyer subpoena the damage papers from previous tenants and if its proven that they claimed the same damages from another tenant as they are claiming from you, the judge will see that and dismiss the case.

Answer 5

If you don't preserve, then she does not want any evidence. The courtroom will difficulty judgment towards you. Then, the roomie will begin seeking to implement the judgment. The so much typical method is to get an order to garnish your wages.

Answer 6

I think if you are filed against and served and don't show up you loose.

However in small claims the court won't help the winner collect so make of that as you wish.I think you can just stiff the guy.

Answer 7

waranty for your arrest?