Hello, I am being sued in Alabama in small claims court by a previous landlord. She fully knows that it's all a lie and is just trying to scam money. I consulted a lawyer and he said I didn't need a lawyer as the proof and testimonies I have are solid and I should win. Here is a quick breakdown followed by some facts that seem to me to be relevant. I am wondering if there is anything I can countersue her for based on these facts.
Her claim lists three things she is suing for.
1)
Her claim: Ruined carpet.
Reality: Carpet was in same condition (kool-aid stains) when I moved in. She knows it and the neighbors will testify to it in court.
2)
Her Claim: I Paintballed her house.
Reality: House had (and has) three paintball stains prior to my moving in. Metal shed has two stains prior to my moving in. She knows, and neighbors know and will testify not only that it was in this condition prior to my arrival, they even know the neighborhood kid that did it.
3)
Her Claim: I owe her $250.00 in rent.
Reality: All monies owed were always paid, and paid on time. I have all canceled checks.
Extraneous Facts that seem to my uninformed mind to be worthy of grounds for counter suit.
1) She filed her lawsuit on July 20. I was not moved out of house until July 31.
2) Lease states she needs permission prior to entering house, she came into house while I was not there and snooped around (her claim states I had a rabbit and a ferret in the house, although it doesn't seem to be linked to any supposed damages, lease says nothing about animals).
3) On July 31st I caught her going through my mailbox. I pulled up to house and she had new tenant's mail in her hand (I had already gotten my mail). She looked like a kid with her hand in the cookie jar and waving a letter said "This isn't yours!" To which I replied "It's not yours either".
4) My wife works at same employer as this woman. For past two months she has been slandering us to co-workers. Saying all the things she is suing for (almost like she thought she was building a case by telling people this stuff). Apparently people there know her and this is not her first scam, so there has been no real negative affect. Work is in Ga, so lawyer said it's out of jurisdiction for Al court and also there are no damages. But come on!
5)She was working another scam and got a fellow at work who is part owner of an Electrical Contracting Co to write her an estimate for rewiring the house because the wiring is shorting out and such. The wiring in the house is perfect, not shorting out. But she was trying to come up with proof of an emergency situation so she would have grounds to pull money out of her 401k. Amount on estimate: $5600.00... Amount she is suing me for:$5600.00. The fellow at work is writing us a letter stating these facts.
Isn't there something actionable here? I don't care about getting any money, but she is just a malicious and vile little creature that shouldn't be allowed to do this stuff without some kind of retribution.
Please Advise.
Thank You,
Ken
Her claim lists three things she is suing for.
1)
Her claim: Ruined carpet.
Reality: Carpet was in same condition (kool-aid stains) when I moved in. She knows it and the neighbors will testify to it in court.
2)
Her Claim: I Paintballed her house.
Reality: House had (and has) three paintball stains prior to my moving in. Metal shed has two stains prior to my moving in. She knows, and neighbors know and will testify not only that it was in this condition prior to my arrival, they even know the neighborhood kid that did it.
3)
Her Claim: I owe her $250.00 in rent.
Reality: All monies owed were always paid, and paid on time. I have all canceled checks.
Extraneous Facts that seem to my uninformed mind to be worthy of grounds for counter suit.
1) She filed her lawsuit on July 20. I was not moved out of house until July 31.
2) Lease states she needs permission prior to entering house, she came into house while I was not there and snooped around (her claim states I had a rabbit and a ferret in the house, although it doesn't seem to be linked to any supposed damages, lease says nothing about animals).
3) On July 31st I caught her going through my mailbox. I pulled up to house and she had new tenant's mail in her hand (I had already gotten my mail). She looked like a kid with her hand in the cookie jar and waving a letter said "This isn't yours!" To which I replied "It's not yours either".
4) My wife works at same employer as this woman. For past two months she has been slandering us to co-workers. Saying all the things she is suing for (almost like she thought she was building a case by telling people this stuff). Apparently people there know her and this is not her first scam, so there has been no real negative affect. Work is in Ga, so lawyer said it's out of jurisdiction for Al court and also there are no damages. But come on!
5)She was working another scam and got a fellow at work who is part owner of an Electrical Contracting Co to write her an estimate for rewiring the house because the wiring is shorting out and such. The wiring in the house is perfect, not shorting out. But she was trying to come up with proof of an emergency situation so she would have grounds to pull money out of her 401k. Amount on estimate: $5600.00... Amount she is suing me for:$5600.00. The fellow at work is writing us a letter stating these facts.
Isn't there something actionable here? I don't care about getting any money, but she is just a malicious and vile little creature that shouldn't be allowed to do this stuff without some kind of retribution.
Please Advise.
Thank You,
Ken
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