Small Claims Court. Do I have to go??

Question

Here's my question. My old landlord is taking my husband and I to small claims court today due to back rent. (Long story to that)....Anyhow, both my husbands and my name is on the Defendent line on the paper we recieved in the mail...We go to court today at 2pm...My 2 daughters are very sick with colds and I have to take them to the doctor today at 2:30 and it was the only time available that I could get them in. Could my husband go to the small claims court without me while I take my children to the doctor, or do I have to be there too? I mean, since we are married?? I think my children's health comes before this court crap.

Answer 1

Only one of you has to go.
If no one shows up the court will rule against you.
Chances are, if you owe rent, you are going to have to pay it regardless.

Showing up will keep them from attaching ureasonable damage claims to the bill.

Showing up will also allow your husband to work out payment arrangements.

If neither of you show up and a claim is filed against you, the company you owe can attach your husbands's (or your) paycheck.

Answer 2

Assuming you're interior the united kingdom, the respond is as follows. there is not any such factor because of the fact the small claims court docket. There are small claims, that are dealt with interior the county court docket alongside with different claims, yet there is not any particular or distinctive court docket. Small claims (decrease than £5k or £1k if own injury) is a form of dispute determination. There at the instant are not any expenditures provided (keep for the court docket cost for the claimant of £sixty 5) and consequently the settlement cost is quite severe. i'm afraid which you have have been given have been given to forget approximately approximately any solutions (little doubt properly-intentioned) that propose any proportion discern of fulfillment because of the fact they are completely made up (whoops! a lot of thumb-downs for me!). The DCA do not keep stats of fulfillment for the two claimants (or defendants) so no-one is accustomed to what number win or lose. i've got been a lawyer for 15 years and that i don't comprehend so i'm fascinated to be certain the confident assertions above and the place those come from. The small claims technique facilitates human beings to deliver modest claims formerly a choose with out the phobia of extensive criminal expenditures. It additionally facilitates defendant's to shelter in any different case sturdy claims with out the phobia of extensive criminal expenditures - so that is not a one-way highway. So in case you have a first rate declare, supply it a go - all you lose is your court docket situation cost and an afternoon putting 'around at court docket. desire this facilitates

Answer 3

This is an answer you need from the court itself. If you have the summons it should have all of the contact information for the court. Even if you are not required to be there you might want to ask for a continuance for a date when you can show up.

Because even if they say you are not required to be there you may still find it in your best interest to show up. For example if there was a time where you were personally involved in a conversation with the landlord, but your husband was not there the judge will not let your husband speak for you. If this was something vital to your case this may cause you to loose.

Answer 4

I recommend that you call an attorney who specializes in landlord tenant law immediately.

Although I am a landlord myself, I will be the first to admit that there are unreasonable landlords out there.

Unfortuantely if that court appearance is this afternoon that does not leave you much time.

I recommend that you call the attorney, even if you owe the rent, the landlord could ask for some very expensive penalties and collection costs if you do not challenge this.

A judgment against you will follow you for a very long time and make your lives absolutely miserable.

I recommend that you talk to an attorney this morning.

Answer 5

If you don't show up, your landlord can ask for and probably get a default judgment against you. (Even if your husband makes arrangements). You can call the court and see if they will grant you a postponement because of the health of the child but I would be prepared to go and see if the doctor can squeeze you in later.

Answer 6

You are advised to contact the small claims court commissioner in your area to ask if a default judgment will be lodged if you fail to appear personally. Small claims rules are somewhat less formal than are conventional court rules. They may allow you to be absent, with your husband present, or they may inform you that both need to be present, since both are named on the suit. If the latter turns out to be the situation, you'd best find a way to show up at court, since you will automatically lose if you do not appear.

Answer 7

Since you are married, it's pointless that you go, just have him explain it to the judge...I doubt if it will be a big deal.

PS: If you owe the back rent, a judgement is going to be entered whether either of you show up or not. The court doesn't care why the rent wasn't paid...if it was supposed to be paid and wasn't, the lanlord will get their rent plus damages minus the deposit.

Answer 8

One of you better show up, or you'll lose by default. The landlord will win everything he's looking for, and you will have wished you would have taken this "court crap" a bit more seriously.