Q: I am a Landlord. I filed for an eviction on tenants for just causes, which I feel I will easily prevail in court.
Long story short, I just wanted them out. So when I filed, I wasn't asking for any damages, although there is in excess of $6K damages and I have $2K deposit. They retained an attorney, which I have nothing but over whelming proof to support my petition. They are asking the courts for money from me (laughable). Anyhow, what is the process to petition the court to consider an amendment to add damages? Do I need to file a Motion to request amendment with supporting documentation, then if granted the amendment itself? Lastly, I have the correct format/language for the Motion, but cannot find anything to include the language and/or format for an amendment. Is there any attorney willing to provide a blank format or an example? Oh, and briefly explain the E-filing process. Thanks.
A:
I would not "laugh" at their defense, I would take it seriously because landlord / tenant disputes may have attorney fees attached if their position prevails. If a lawyer filed a counter-claim, I would assume it is not frivolous, and they are not knowingly wasting money on a losing case.
As to your substantive question, you can hire a lawyer on a limited basis to help you with document preparation, and not go to court with you. I think what you are asking is the title for your motion, which is a Motion to Amend Complaint.
Bruce Alexander Minnick and Barbara Billiot Stage agree with this answer
A: Stop now, hire a lawyer. Please.
Bruce Alexander Minnick and Barbara Billiot Stage agree with this answer
A: The fact that the tenants have a lawyer and you do not puts you a severe disadvantage and you are at risk for a judgment against you. See a landlord/tenant lawyer immediately.
Bruce Alexander Minnick agrees with this answer
A: Motion to Amend the Complaint and attach a copy of the proposed Amended Complaint to the motion.
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.
