What is the name of your state? PA I files a suit in magistrate's court (district justice) against a former tenant for back rent. I won. He appealed to a higher court (county court) so I had to file a civil suit. He filed an answer and a counterclaim. Now I have to file an answer to his counterclaim.
I'm not getting a lawyer due to the fact that it's just under $2,000 - a few lawyers said they don;t mess with that small amount so I'm going it alsone (pro se). I just don't think this guy should get away with a few months of free roof over his head, heat, sewre, garbage, water, cable & electricity and beable to walk away with me paying to keep his sorry butt out of the cold.
It's just the principal of the thing! He's trying to offset my claim by the counterclaim which is riddled wioth lies, and contradictory statements.
I know I have to answer the crossclaim or lose the case to him. I've spent hours in the law library but could not find ,y answers anywhere.
My questions:
1. I answer hisd counterclaim with Admit, deny, or the long phrase saying I don't have enough info so therefore denied. Should I file affirmative defenses?
2. If I should file affirmative defenses do they have to be specific ones like unclean hands? violation of statute? laches? estoppell? OR can I make up my own defenses. By make up my own I don't mean lie! I mean he says he did work for me which he did do but I paid him for. Now he says he wants more money and claims he finished the job on one date but submitted a bill stating he worked a day later ( the first time I saw the bill or knew he wanted more money was whan I got his answer and crosscomplaint -- he just wants to off set his obligation to me with a false bill). The bill dates of work and the complaint dates of work don't jive. By make up my own I mean say his statements and evidence are not consistent?
There are many things that he's lying about like a date he says he offered me money to pay up the rent. He was ordered to evacuate because of a flood but stayed in the apartment anyway. The building was surrounded by water. There is no way that he could have gotten out or me gotten in to have that conversation unless it was by boat which didn't happen. There are a lot of other statements that just don't work out that I want to call attention to.
3. Ok, so I either do or do not state affirmative defenses with my answer to his cross complaint. Now what? Do I have to motion for a hearing (usually an arbitrator for this amount and usually always to save court time) or what? I know I must put in a verification statement but what else? Where do I go from here?
Any help would be greatly exaggerated. And by the way I doo have a lease but he says I voided it by writing void on the first page but I didn't. He must have done that. He says he then had a month to month instead of year lease.
We got into an argument. He said he would move in a weeks time and I said fine. He moved in about 2 1/2 weeks but that's fine with me. No rent, a pain in the a** I was just happy to see him move. Don't want rent til end of lease just for the time he lived there.
Thanks for any constructive help.
I'm not getting a lawyer due to the fact that it's just under $2,000 - a few lawyers said they don;t mess with that small amount so I'm going it alsone (pro se). I just don't think this guy should get away with a few months of free roof over his head, heat, sewre, garbage, water, cable & electricity and beable to walk away with me paying to keep his sorry butt out of the cold.
It's just the principal of the thing! He's trying to offset my claim by the counterclaim which is riddled wioth lies, and contradictory statements.
I know I have to answer the crossclaim or lose the case to him. I've spent hours in the law library but could not find ,y answers anywhere.
My questions:
1. I answer hisd counterclaim with Admit, deny, or the long phrase saying I don't have enough info so therefore denied. Should I file affirmative defenses?
2. If I should file affirmative defenses do they have to be specific ones like unclean hands? violation of statute? laches? estoppell? OR can I make up my own defenses. By make up my own I don't mean lie! I mean he says he did work for me which he did do but I paid him for. Now he says he wants more money and claims he finished the job on one date but submitted a bill stating he worked a day later ( the first time I saw the bill or knew he wanted more money was whan I got his answer and crosscomplaint -- he just wants to off set his obligation to me with a false bill). The bill dates of work and the complaint dates of work don't jive. By make up my own I mean say his statements and evidence are not consistent?
There are many things that he's lying about like a date he says he offered me money to pay up the rent. He was ordered to evacuate because of a flood but stayed in the apartment anyway. The building was surrounded by water. There is no way that he could have gotten out or me gotten in to have that conversation unless it was by boat which didn't happen. There are a lot of other statements that just don't work out that I want to call attention to.
3. Ok, so I either do or do not state affirmative defenses with my answer to his cross complaint. Now what? Do I have to motion for a hearing (usually an arbitrator for this amount and usually always to save court time) or what? I know I must put in a verification statement but what else? Where do I go from here?
Any help would be greatly exaggerated. And by the way I doo have a lease but he says I voided it by writing void on the first page but I didn't. He must have done that. He says he then had a month to month instead of year lease.
We got into an argument. He said he would move in a weeks time and I said fine. He moved in about 2 1/2 weeks but that's fine with me. No rent, a pain in the a** I was just happy to see him move. Don't want rent til end of lease just for the time he lived there.
Thanks for any constructive help.