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Being sued by two reps. of same company for same thing

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litfishbigpond

Junior Member
What is the name of your state? NY

I recently moved out of a slumhole, and during litigation with the landlord who claimed to be a Rep of the "Corperation" that owned the house , small claims arbitration ruled in his favor. During the appeal process, I get a letter from another Rep. of the same company, sueing for the same back rent. Turns out it is an estranged father/son deal, the father lives in NY, the son, in Florida, and now the son is trying to sue me for the same thing as the father (they do not speak).

Can I have at least one of these cases dropped?
 


tranquility

Senior Member
Tough question. I'd certainly mention the issue to the appeal judge as I'm not sure the "landlord" even has the right to sue in small claims court. He might be practicing law without a license.

Once the issue is decided by the person/corporation who has the rights to do so, there should not be a duplicate award. Are you sure it is a duplicate? Is the first suit for all the rent you actually owe? In court, the plaintiff must prove (and you must challenge) the right to collect the debt. Both cannot correctly prove this. Then you should have a countersuit against the one incorrectly trying to collect through the courts. Not in small claims, but in regular court you could motion for joinder.

But, all these things can be hard and depend a lot on exactly what is happening and the stages you're at. See a local attorney for advice.
 

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