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Sued in NH small claims

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LV19

Junior Member
What is the name of your state (only U.S. law)?
When I was 20yrs old I signed a lease to rent an apartment in New Hampshire and it was required that I have a cosigner,which my father agreed to be. I couldn't afford to live there so after living there for 5 or 6 months I moved back home and my father had supposedly worked out a payment agreement with the landlord. I now found out that he never did this and that all the money I had been giving him to pay rent he was taking. We are now being sued in small claims court in NH,but I haven't heard from my father in over a year and my mother says because I was under 21 at the time the lease was signed that I do not need to be present in court. Is this true?What is the name of your state (only U.S. law)?
 


racer72

Senior Member
Is this true?
No. You became an legal adult and able to enter into binding contracts at the age of 18. Even if there was a law, if you failed to show up in court a default judgment would be granted. Mama does not know best in this situation.
 

latigo

Senior Member
(You might be better off having not heard from your mother. At least not that bit of poor advice.)

You say that the apartment was in New Hampshire and the small claims court is in New Hampshire, but you don’t tell us whether or not you were served with process in New Hampshire. That could be good to know.

If not served in New Hampshire, you don't need to go to court. If served in New Hampshire and since you have no apparent defense - like receipts - there is no need to go.
 
If not served in New Hampshire, you don't need to go to court. If served in New Hampshire and since you have no apparent defense - like receipts - there is no need to go.
Not true. You are aware of the Small Claims Court claim. That means you have been served. As long as you are aware of the summons you must attend. If not, a default judgment will be entered against you. You will have no defense or input into the amount entered and it just might end up being the entire lease amount.

If you live in a different State, ignoring the summons and verdict might just be temporary relief. If the land lord discovers your current address, he may enter the verdict in your State and have the claim satisfied there.
 

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