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If one of the plaintiffs doesn't show up...

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hitbytheusps

Junior Member
What is the name of your state? NY

I'm the plaintiff in a case alongside a friend of mine. We're suing our ex-landlord for the return of our security deposit.

The defendant could not make the date the court assigned to us first, so the court re-assigned to another date. I'm moving from NY (graduating from school) and will be gone forever in the middle of December, so the next date (which was set for January) cannot work for me. So, they re-assigned it for another date in December, which now my friend cannot make because of a job interview about six hours away.

As it stands, I am fine with the new court date and so is the defendant. If both my friend and I are named as the plaintiffs of a case, will there be problems if he is unable to show up? I hope I can speak on behalf of us both, but please do let me know the realities of the situation.

Thanks very much in advance!
 


BL

Senior Member
What is the name of your state? NY

I'm the plaintiff in a case alongside a friend of mine. We're suing our ex-landlord for the return of our security deposit.

The defendant could not make the date the court assigned to us first, so the court re-assigned to another date. I'm moving from NY (graduating from school) and will be gone forever in the middle of December, so the next date (which was set for January) cannot work for me. So, they re-assigned it for another date in December, which now my friend cannot make because of a job interview about six hours away.

As it stands, I am fine with the new court date and so is the defendant. If both my friend and I are named as the plaintiffs of a case, will there be problems if he is unable to show up? I hope I can speak on behalf of us both, but please do let me know the realities of the situation.

Thanks very much in advance!
How was the SD receipt made out ?

If you did not get separate receipts ( like for 1/2 each made out individually ), you should be fine .
 

seniorjudge

Senior Member
You can state your own case but not your friend's (unless you are a lawyer).

This is another reason why two plaintiffs should not be included in one suit when the causes of action are different.

Anyway, your friend could ask the judge to go with the January date; since the defendant asked for a change of date, maybe the judge won't be too peeved to let your friend do this.

Your friend should point out that this is really two cases: friend v landlord and hitbythebus v landlord.
 

Zigner

Senior Member, Non-Attorney
If our OP receives a judgment for the full amount (as alluded to earlier), then (s)he can pay friend back when the payment is received.
 

hitbytheusps

Junior Member
Thanks so much for everyone's quick responses.

One more question: my friend wants to know if he can submit a written document to the small claims judge for that day?

Thanks once again for your help!
 

Zigner

Senior Member, Non-Attorney
You can carry a statement with you and attempt to present it. Generally, it wouldn't be allowed, but SCC is a bit more...relaxed.
 

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