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
PREMIUM
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.