So Im getting sued....

Started by rgramjet, March 24, 2009, 05:02:24 PM

Previous topic - Next topic

Statler

I know you're local, but the folks I would use are in a two day trial starting tomorrow so no help there.


Good luck.

Let us know how it goes.

Maybe you'll do great and kick ass.


might be time to start looking for other places regardless.

It's still buy a flounder a drink month

NAKID

Quote from: C230drvr on March 24, 2009, 05:55:20 PM

check you lease because it SHOULD have an arbitration clause which woul;d render the court date a breach of the contract on the plaintiffs behalf



I hope for you this is the case. It still sucks the guy is quick to sue when this SHOULD have been able to be solved by a conversation...
2005 S2R800
2006 S2R1000
2015 Monster 821

rgramjet

Quote from: Statler on March 24, 2009, 06:04:19 PM
I know you're local, but the folks I would use are in a two day trial starting tomorrow so no help there.


Good luck.

Let us know how it goes.

Maybe you'll do great and kick ass.


might be time to start looking for other places regardless.

Senor, thanks for the well wishes!  Ive already got a list of alternative spaces if the landlord wants to go that route.  Couple places offering 3 months free right off the bat.

Nakid, I couldnt agree more!

There is a Casualty Damage Clause in my lease, it states:"....rent shall be abated proportionally as to the portion of the premises rendered untenantable for the period until such repairs are completed."
Quote from: ducpainter on May 20, 2010, 02:11:47 PM
You're obviously a crack smokin' redneck carpenter. :-*

in 1st and 2nd it was like this; ringy-ting-ting-ting slow boring ho-hum .......oh!........OMG! What the fu.........HOLY SHIT !!--ARGHHHHHHHH!!!!!!!
-Sofadriver

What has been smelled, cannot be unsmelled!

C230drvr

main thing is don't go to court with the expectation of arguing common sense.  This is about contractual obligation (your lease) all emotion and intention aside, you have to argue on factual basis. the fact that a roofer showed up....goes to reasonable effort to remedy the situation on your landlords begalf...they don't have to have it fixed...being in the process of 'fixing' it may well be sufficient.  just have realistic expectation ...don't try to argue ..anbd stress to the judge that you don't wish to withhold rent...and your preference would have been and still is to remedy the situation without the court's intervention...all that and have the funds available to pay.

cyrus buelton

I'd never go to court without an attorney, but that's just me.

especially when you are representing yourself against an attorney.
No Longer the most hated DMF Member.

By joining others Hate Clubs, it boosts my self-esteem.

1999 M750 (joint ownership)
2004 S4r (mineeee)
2008 KLR650 (wifey's bike, but I steal it)

herm

Quote from: cyrus buelton on March 24, 2009, 06:58:38 PM
rule #1 I'd never go to court without an attorney, but that's just me.

rule #2
especially when you are representing yourself against an attorney.

rule #3 never discuss legal stuff on a public forum...

,..course, thats just my opinion [roll]
If you drive the nicest car in the neighborhood, work in a cash business, and don't pay taxes, you're either a preacher or a drug dealer...

cyrus buelton

Quote from: herm on March 24, 2009, 07:05:04 PM
rule #3 never discuss legal stuff on a public forum...

,..course, thats just my opinion [roll]

Wow, Herm and I agree on something........


must be the Valium, jack and coke, and beers................
No Longer the most hated DMF Member.

By joining others Hate Clubs, it boosts my self-esteem.

1999 M750 (joint ownership)
2004 S4r (mineeee)
2008 KLR650 (wifey's bike, but I steal it)

rgramjet

Thanks guys.  Wish me luck!
Quote from: ducpainter on May 20, 2010, 02:11:47 PM
You're obviously a crack smokin' redneck carpenter. :-*

in 1st and 2nd it was like this; ringy-ting-ting-ting slow boring ho-hum .......oh!........OMG! What the fu.........HOLY SHIT !!--ARGHHHHHHHH!!!!!!!
-Sofadriver

What has been smelled, cannot be unsmelled!

ducpainter

Good luck...

Bring a toothbrush...

just in case you decide to tell his/her honor what you really think. ;)
"Once you accept that a child on the autistic spectrum experiences the world in
 a completely different way than you, you will be open to understand how that
 perspective
    is even more amazing than yours."
    To realize the value of nine  months:
    Ask a mother who gave birth to a stillborn.
"Don't piss off old people The older we get, the less 'Life in Prison' is a deterrent."



cyrus buelton

I'd find an attorney in the courthouse and throw him 200$ before you go in.


My bro was a prosecutor for 5 years and saw a shit ton of people attempt to represent themselves.

They never got a fair deal.

Judges respect those who have legal counsel. It is part of the game.

Maybe it is all relative to location, but the court system he worked in was like that.

Walk in without an attorney.........make the beast with two backsed.
No Longer the most hated DMF Member.

By joining others Hate Clubs, it boosts my self-esteem.

1999 M750 (joint ownership)
2004 S4r (mineeee)
2008 KLR650 (wifey's bike, but I steal it)

redxblack

QUICKLY go to hollywood video and check out all the episodes of LA LAW, Allie McBeal and Law and Order!


(in short, good luck!)

hbliam

Quote from: redxblack on March 24, 2009, 07:38:02 PM
QUICKLY go to hollywood video and check out all the episodes of LA LAW, Allie McBeal and Law and Order!


(in short, good luck!)

Better yet..hire the new DDA from Law and Order and everything will go great:


DoubleEagle

I wish you good luck in your case.

From the Law courses I studied in College , I seem to remember a Contract in it's basic concept says that each party will receive a consideration that equates to what the other party receives in return.
                                              Dolph       :)
'08 Ducati 1098 R    '09 BMW K 1300 GT   '10 BMW S 1000 RR

Shortest sentence...." I am "   Longest sentence ... " I Do "

Privateer

Quote from: rgramjet on March 24, 2009, 06:02:47 PM
Is over a year not a realistic amount of time to properly fix a roof? 

Is it a flat roof?
My opinion of flat roofed buildings is that they will never be waterproof indefinitely.  They always leak.  Always. 

Remember, the law has nothing to do with common sense or what is "right."
good luck.
My fast lap is your sighting lap.

pintsizejesus

My mom works with a lot of judges and I've been in front of most of them......but dress nicely and be respectable.  They have to deal with this shit all day so the easier you are to deal then hopefully the better it goes, not saying you are screwed or anything I just try to prepare for the worst because I usually have to deal with the worst.

And if the guy is a total d bag about everything just flood the place and tell him it was the roof.