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plaintiff friends file lawsuit, but plaintiff doesn't show

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ctny

Junior Member
What is the name of your state (only U.S. law)? New York

I am the landlord who rented an apartment to a tenant (call her Mary). Mary moved out in 2012 to overseas but left some damage. I deducted repair cost and returned a portion of her deposit. Mary didn't agree to the damage, then her New York friends tried to help her out by suing me.

*Note* Mary has never been back to US since her 2012 moving out to this day.

The 1st lawsuit was in 2013 in civil court. The summon showed Mary's name but her friends' address and phone number. On the court date, Mary's friends showed up asking the judge to video conference with Mary through Skype. Judge rejected them, dismissed the case, but allowed Mary to refile.

Now I just received exactly the same summon days ago in 2014, same Mary's name with her friends' address and phone number. I know Mary on facebook and can see she is still overseas. So I assume she will not come again.

- I am assuming Mary's friends filed the lawsuit by faking Mary's signature.
Q1) is that material?
Q2) If so, how do I get the original complaint with the signature? I can compare with Mary's sig on the lease.
Q3) do I need hire an expert to prove the signatures are different?
Q4) can I ask to dismiss the case if the sig's don't match up?
Q5) can I sue Mary's friends for fraud?

- If Mary doesn't show up again this time,
Q6) can I sue Mary's friends for harassment?
Q7) what other options do I have?

Thank you in advance!
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? New York

I am the landlord who rented an apartment to a tenant (call her Mary). Mary moved out in 2012 to overseas but left some damage. I deducted repair cost and returned a portion of her deposit. Mary didn't agree to the damage, then her New York friends tried to help her out by suing me.

*Note* Mary has never been back to US since her 2012 moving out to this day.

The 1st lawsuit was in 2013 in civil court. The summon showed Mary's name but her friends' address and phone number. On the court date, Mary's friends showed up asking the judge to video conference with Mary through Skype. Judge rejected them, dismissed the case, but allowed Mary to refile.

Now I just received exactly the same summon days ago in 2014, same Mary's name with her friends' address and phone number. I know Mary on facebook and can see she is still overseas. So I assume she will not come again.

- I am assuming Mary's friends filed the lawsuit by faking Mary's signature.
Q1) is that material?
Q2) If so, how do I get the original complaint with the signature? I can compare with Mary's sig on the lease.
Q3) do I need hire an expert to prove the signatures are different?
Q4) can I ask to dismiss the case if the sig's don't match up?
Q5) can I sue Mary's friends for fraud?

- If Mary doesn't show up again this time,
Q6) can I sue Mary's friends for harassment?
Q7) what other options do I have?

Thank you in advance!
So are you a professional at handwriting analysis? If not, your opinion matters not. If so, you are biased and it won't amount to much.
Are Mary's friends attorneys? If not, have you filed a complaint with the local bar association regarding their illegal activity? If they show up in court instead of Mary ask that it be dismissed due to the practicing law without a license.
 

BL

Senior Member
If Mary is a no no show , it will be dismissed.

If one of the freinds " pretends " to be Mary ,make the Judge aware .

If they try practicing as an Attorney , I'm not sure if a formal complaint would lead to anything , but the Judge might admonish them not to file again.

Bring the prior case to the Judge's attention , if Mary , or a legally practicing lawyer is not there on her behalf.

The court does not ask for proof up front . The court might ask are you so n so.
 

Ohiogal

Queen Bee
If Mary is a no no show , it will be dismissed.

If one of the freinds " pretends " to be Mary ,make the Judge aware .

If they try practicing as an Attorney , I'm not sure if a formal complaint would lead to anything , but the Judge might admonish them not to file again.

Bring the prior case to the Judge's attention , if Mary , or a legally practicing lawyer is not there on her behalf.

The court does not ask for proof up front . The court might ask are you so n so.
A formal complaint to the bar can result in monetary sanctions as well as other things. it can also allow OP the right to sue them for the money he has expensed dealing with them in court.
 

BL

Senior Member
A formal complaint to the bar can result in monetary sanctions as well as other things. it can also allow OP the right to sue them for the money he has expensed dealing with them in court.
Something I did not know could be filed against non attorneys.
 

ctny

Junior Member
Thanks for all the replies. Mary's friends are *not* lawyers.

They came to court the first time and told the court assistant they have Mary's permission to speak on her behalf, and they brought a smartphone saying Mary is ready on Skype to video conference.

The judge dismissed them saying Skype is not acceptable, but Mary may file again, I assume when she can attend in person.

So first, I'd like to get the case dismissed on technicality if Mary didn't sign the petition. Second, I'd like to stop the friends from doing this every year. Please advise.
 

FlyingRon

Senior Member
Signing the petition probably can be done by an attorney in fact (POA) or electronically. An appearance in court will indeed need to be made personally or with a proper attorney.
 

Ohiogal

Queen Bee
Signing the petition probably can be done by an attorney in fact (POA) or electronically. An appearance in court will indeed need to be made personally or with a proper attorney.
Actually no, a POA cannot sign a court document as the actual petitioner or on behalf of the petitioner.
 

FlyingRon

Senior Member
Actually no, a POA cannot sign a court document as the actual petitioner or on behalf of the petitioner.
I don't think the latter is correct in New York state. They can't sign as the petitioner, but as they can as the attorney in fact for the petitioner.
Making legal claims and litigation is one of the statutory authorities permuted by the NY Code (5-1505h).

Of course, I have my doubts that a property POA has been created here, but it's possible.
 

ctny

Junior Member
I went to the court and spoke to the small claims clerk today. He gave me a sample petition form, and the form shows it can be signed by the petitioner or an agent. It didn't state the agent has to be a lawyer, so I guess it means any 3rd party person can start a lawsuit.

Oh well, let's see if Mary shows up this time.

Thanks to all who replied to this thread!
 

BL

Senior Member
I went to the court and spoke to the small claims clerk today. He gave me a sample petition form, and the form shows it can be signed by the petitioner or an agent. It didn't state the agent has to be a lawyer, so I guess it means any 3rd party person can start a lawsuit.

Oh well, let's see if Mary shows up this time.

Thanks to all who replied to this thread!
Freinds are not agents.

Example: An Auto Repair/sales shop is doing business.

An Employee can come to court as the business's agent.
 
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