Parlin, NJ asked in Landlord - Tenant and Small Claims for New Jersey

Q: Can I not show up (and win) a Small Claims Court lawsuit if letter wasn’t mailed to me?

A letter to answer a “Small Claims Court” lawsuit was mailed to a family member address. My ex-landlord suing for back-rent was unable to find my new address.

As a frontline Medical Worker, I avoid visiting family members and I didn’t receive the letter til 6 weeks after it was mailed out.

Can I use this as means not to show up to Small Claims Court?

1 Lawyer Answer
Morris Leo Greb
Morris Leo Greb
  • Landlord Tenant Lawyer
  • Rockaway, NJ
  • Licensed in New Jersey

A: Don't ignore the summons. Go to Court on the appointed date to defend the law suit. If you missed the date, file a motion to set aside whatever action the Court took and request a new trial date.

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