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Question about summons...

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souledout777

Junior Member
I recieved a summons today from my ex-landlord, who is filing a
ridicilous suit against us after our threat to file against her for the
return of our security deposit.
She had previously sent an "itemized list" of her ficitous charges against
us, but it was not detailed at all.
The summons I recieved has an area that is to be filled in for the
$ amount you are attempting to recover. She has written $2670 ++ ....am I correct in thinking she would have to actually KNOW what she is asking for, rather than making it up as she goes?
She also wrote in where it says "Plus filing fees of: " has written in "any filing fees" ...mmmm shouldn't she know WHAT the fee is she paid when she filed?
Also, where there is the spot for notary stamp, there is none. It is signed by the clerk/notary, but no stamp.
The area of the summons where she is to write WHAT she is suing for, is very vague and simply says we owe her for damages and unpaid rent.
I know that this situation will have to go to court, and I intend to file a countersuit, but don't I have the right prior to going to court to know exactly what I am defending myself against and for what $$?
Thanks!
 


Happy Trails

Senior Member
souledout777 said:
I recieved a summons today from my ex-landlord, who is filing a
ridicilous suit against us after our threat to file against her for the
return of our security deposit.
She had previously sent an "itemized list" of her ficitous charges against
us, but it was not detailed at all.
The summons I recieved has an area that is to be filled in for the
$ amount you are attempting to recover. She has written $2670 ++ ....am I correct in thinking she would have to actually KNOW what she is asking for, rather than making it up as she goes?
She also wrote in where it says "Plus filing fees of: " has written in "any filing fees" ...mmmm shouldn't she know WHAT the fee is she paid when she filed?
Also, where there is the spot for notary stamp, there is none. It is signed by the clerk/notary, but no stamp.
The area of the summons where she is to write WHAT she is suing for, is very vague and simply says we owe her for damages and unpaid rent.
I know that this situation will have to go to court, and I intend to file a countersuit, but don't I have the right prior to going to court to know exactly what I am defending myself against and for what $$?
Thanks!
She certainly should know what the "Plus fees" and "Filing fees" are. Why she didn't include them is strange, maybe she didn't know what all of them were.

Some information on fees:
http://www.courts.state.mn.us/districts/fourth/General/Fees.htm#Civil

She may have been vague to you, but she is suing you for unpaid rent and damages to the apartment. Although she wasn't specific on what they were, you will get a chance to defend yourself when she brings that up in court. The form asks for a brief description as to why you are being sued. (You will need to provide proof that you paid your rent. Hopefully you took pictures of the apartment before you left.) She still has the burden of proving her case and you will have the right to defend yourself.

http://www.courts.state.mn.us/districts/fourth/Forms/ConcCt/CCT Claim Instr and Form.pdf

Information link:
http://www.courts.state.mn.us/ctforms/conciliation/Conciliation_Court_Brochure.pdf

When you go in to file a counter claim, ask the clerk about the way she filled it out. I don't think it is going to make a difference, but you never know. You could even consult in an attorney and have him/her review it. If there is a problem with the form then the LL will have to correct it.
 

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