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plantiff did not show for court

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dot08

Guest
What is the name of your state? Virginia
My ex landlord sued me for unlawful detainer and lost because his company is a limited partnership and he was not represented by a lawyer. The Judge dismissed the case w/prejudice. My exlandlord filed for an appeal. When he filed for his appeal, he gave the court the wrong address to my house and I was not served. I found out about his appeal when I called him demanding my security deposit. I showed up at the court to set the date for the case but my exlandlord did not and he did not even have a lawyer. The court clerk called him to set a date for the case rather than dismissing the case.
I moved out the house I rented from my landlord on 4/30/03, end of my lease and gave a 30 days notice also. I bought a new house. He is suing me for May's rent stating that my "stuffs" were still in the house, which was not true. Because he was supposed to have a lawyer, the Judge just took my particular and ruled on it.
I have two questions. First, shouldn't my exlandlord case be dismissed since he or anyone from his office did not showed up for the hearing? Second, I know that I can sue him for my security deposit, can I sue him for the entire original amount of the security deposit and for the time off from work for court?
 


BL

Senior Member
The Judge has dismissed his case against you w/ prejudice.

It will be almost impossible for the landlord to win an appeal , unless he can prove he was incapacitated enough to not request an adornment
for a good cause.

You are now in the appeals stage. This is not a retrial. Your X landlord must prove why the ruling should be overturned based on the evidence at trial/or hearing.

Once the appeals is ruled on,if denied , you can then demand return of your security deposit , or file against him , both criminal & civil .
 
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dot08

Guest
Thanks, blonde, for your help.

Since my xlandlord did not show up for his court date to set up the date for appeal, shouldn't the court have dismissed his case?
Is is normal for the clerk to call him by phone to set up a date w/ him? I was told by the clerk that I have to be in court on 10/27, the next court date, and bring all my evidences. She said that I have to tell my side of the story again to the judge. Isn't that mean that is is a retrial?


Also, you said after the appeal has been denied, I can file for the security deposit - both criminal and civil-... why criminal??
 

BL

Senior Member
http://www.courts.state.va.us/pamphlets/small_claims.html#appeals

Check out this site ... According to this site the defendant would have (10) days to file an appeal and post a bond if the plaintiff was awarded a monetary amount.

In the case of appeals, it appears that either party appealing can file to have a trial with the parties evidence & testimony in a higher court.
Apparently this is what has happened .

It is disturbing however for the clerk of the court to make a call to the plaintiff to set up the date . He had ( 10 ) days in which to appeal , But then again ,maybe that's procedure in VA.

It is further disturbing that the case be allowed to be retrial after the dismissal w/ prejudice . ( maybe the plaintiff didn't submit an appeal within 10 days ).

I would check this out, and if 10 days had elapsed, I would file a Motion to dismiss his Appeal Petition on the 10 day lapse, and the prior dismissal w/ prejudice.
 
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dot08

Guest
Thanks again, Blonde.

Now, do you know who I can file a complain or find out if what the clerk was doing is legal? My exlandlord is a member of chamber of commerce and is well known in town. I just want to be sure that someone is not doing "favors" for him. Furthermore, he filed his motion for appeal w/out a lawyer, which was the reason why he lost in the first place.

I read the article in the link you'd given in your post. What I don't understand is why would they allow this appeal to go on like that without considering the judgement from previous Judge? Is that normal?
 
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dot08

Guest
Is is true that in a docket hearing that the plaintiff does not need to show up to set a date? ( this case is in Virginia)
 

BL

Senior Member
The clerks will try to assist you, but they are not attorneys and cannot give legal advice.

I don't know the answer to the Questions,someone else might.

Maybe the clerk's screwed up by not setting a date,when the landlord filed the appeal . It still think it would not be normal practice to set a date by phone.

Your probably right though.He is getting special consideration of the date,because of his schedules. That doesn't mean he will win though.
 
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dot08

Guest
What I do not understand is that the circuit court seems to be disregarding the judgement render by lower court Judge. The clerk told me that I would have to have all my evidences at the trail date. Am I starting over again/ being tried again?
 

BL

Senior Member
In the case of appeals, it appears that either party appealing can file to have a trial with the parties evidence & testimony in a higher court.
Apparently this is what has happened . [ quote ]
-------
I do not know the exact procedures in Va. The clerk may have a pamphlet on small claims PROCEDURES. In my State they do.

For example in my State , depending on what authority heard the first hearing , if a plaintiff/defendant loses or does not like the outcome , they can then file for a Formal hearing W/ A STENOGRAPHER that records the hearing . ( this is like starting from scratch ).

If you lose in this trial , your next step is appeals . Here you put it in writing and a higher court Judge reviews the case and decides weather substantial Justice under the Law has been rendered.
Check with the Clerks office to see if this is what is happening with you ..
 
D

dot08

Guest
Well, this is what I found out so far...the plaintiff, my xlandlord, lost the case on 9/9/03. He filed, 9/9/03, for an appeal right after the Judge rendered his decission. The Circuit court rec'd the case on 10/3/03, but when called to get info on the case, they could not find it. Someone wrote down the my address wrong so I never rec'd the summon for the hearing on 10/14/03. On 10/14/03, I called the clerk and she happened to find the case, finally, under "law case" not appeal. So I managed to take of from work and go to the hearing. I went to the wrong court so by the time I got to the right one, they had already called the case. I finally end up in the clerk's office and she had to find the case folder. At that time, she called the Plaintiff from the number listed in the file and ask him how much time does he needs w/ the judge on 10/27/03. I was told by the clerk that he did not show up at the hearing either, but it didn't matter because this was a docket hearing, setting a date for the trail? So do you thing this is a trail or an appeal trial? Who could get to answer this?
 

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