Q: What can I do if I couldn't make the court date, but have paid partial rent?
My landlord accepted over $1000 for partial payment, and then filed for eviction knowing I couldn't miss work, and my wife was home caring for my mother, who is on in-home hospice care. Now I have to try to move out in 3 days or will be physically removed by sheriff. Can I file a lawsuit against him for accepting partial payment and then evicting me anyway?
A: You can try petitioning the court to set aside the Judgment against you but you likely have an uphill battle. You had a court date; you knew it but put other things as a higher priority; the court is not too likely to be very sympathetic. It is a shame since acceptance of rent, if you can prove it, would likely have been a winning defense. Even if you could not be there, an attorney may well have been able to represent you except possibly at trial. You will improve your chances of getting it set aside if you consult an attorney now but regardless, do understand the longer you wait to approach the court the less likely it is that a Judge will set aside Judgment.
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