nascarfan7
New member
New Hampshire
Hello
I had an eviction hearing for non-payment of rent in Oct. 2018 and lost. The writ was issued and instead of the sheriff serving it my landlords did. I filed a 540-a petition and won a judgement of $13,000 for throwing out my belongings and trespass And seizing my apartment illegally.
The landlords have filed a small claims suit seeking the two months back rent and damages. My question is can I file a countersuit for the value of my belongings lost? Anything else I can claim? As far as the security deposit being held for damages, they did not follow NH law so I feel I'm in good shape to challenge that.
In the 540-a statue it mentions "Any proceeding under this subdivision shall not preclude any other available civil or criminal remedy".
Does that mean Res Judicata won't apply to my countersuit?
Hello
I had an eviction hearing for non-payment of rent in Oct. 2018 and lost. The writ was issued and instead of the sheriff serving it my landlords did. I filed a 540-a petition and won a judgement of $13,000 for throwing out my belongings and trespass And seizing my apartment illegally.
The landlords have filed a small claims suit seeking the two months back rent and damages. My question is can I file a countersuit for the value of my belongings lost? Anything else I can claim? As far as the security deposit being held for damages, they did not follow NH law so I feel I'm in good shape to challenge that.
In the 540-a statue it mentions "Any proceeding under this subdivision shall not preclude any other available civil or criminal remedy".
Does that mean Res Judicata won't apply to my countersuit?