Res Judicata in NH

[nascarfan7]

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?

 

[Just Blue]

An FYI for the volunteers of this site. : OP had a thread last Oct and deleted it.

 

[LdiJ]

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?

You already have a judgment for your belongings. Therefore a countersuit for your belongings would not be appropriate. You can mention that you have a judgment against them for $13,000 in your response, and you can countersuit for the security deposit if they didn't handle that correctly.

 

[nascarfan7]

You already have a judgment for your belongings. Therefore a countersuit for your belongings would not be appropriate. You can mention that you have a judgment against them for $13,000 in your response, and you can countersuit for the security deposit if they didn't handle that correctly.

Thank you. I agree I do owe two months back rent to them at most. The security deposit I can show was not handled according to NH law. (Paid cash and didn't even get a receipt after asking for one) I don't even know what damages they are claiming. I only received a two sentence letter stating they are keeping my security deposit due to back rent and $2500 in damages. I do have a signed pre-move in checklist of damages before I moved in so hopefully anything they claim will be on that list.

Thank you again.

 

[Mass_Shyster]

Was the back rent included in the original eviction proceeding? If so, res judicata may preclude them from suing again for the same thing.

 

[nascarfan7]

Was the back rent included in the original eviction proceeding? If so, res judicata may preclude them from suing again for the same thing.

They didn't ask for it. The judge asked them if they were claiming back rent and they declined. The limit was $1500 they could ask for and I owed $1650 so I believe they were planning on a small claims suit for back rent after the eviction. Possibly I could claim Res Judicata because of the elements that make it up?

"the plaintiff seeks a different remedy, or further remedy, than was obtained in the first action;
the claim is of such nature as could have been joined in the first action."

They could have asked for it and declined to claim the back rent.

 

[Zigner]

They didn't ask for it. The judge asked them if they were claiming back rent and they declined. The limit was $1500 they could ask for and I owed $1650 so I believe they were planning on a small claims suit for back rent after the eviction. Possibly I could claim Res Judicata because of the elements that make it up?

"the plaintiff seeks a different remedy, or further remedy, than was obtained in the first action;
the claim is of such nature as could have been joined in the first action."

They could have asked for it and declined to claim the back rent.

If their claim exceeds the jurisdictional limits at the prior hearing, then their claim was not adjudicated at that hearing and res judicata would not apply.