Would this be cause for libel?

[wolffman82956]

What is the name of your state? I live in Cook County, Illinois.
My son's landlord has filed a pro se case in Cook County court. She entered my name as the defendant instead of my son's name. This was not a mistake or typo! I sent her a letter along with a follow up phone call demanding her to remove my name from any legal documents that were filed with Cook County Courts because she had the wrong name. She flat out refused and said I do not know my own son's name!
Due to this I have lost two chances for employment. I was not hired because a simple background check came back with my name listed as a defendant ina law suit pending in the cook county courts. Do I have a case? If so how do I file? William

 

[BelizeBreeze]

The ONLY case you have is to show up in court and explain to the judge why he/she should dismiss the case against you as filed.

 

[wolffman82956]

NOW IS THIS CAUSE FOR LIBEL bezile

Illinois. I took your advice, went in front of the judge explained the mix up with the names Even showed him proof and asked him to dismiss the case and make my landlord refile with my son's name. The judge did not drop the case. He was going to order 1/2 of what the landlord was asking and a vacate order for Jan 1, untill the landlord had a temper tentrum in front of the judge. After that he changed his mind. No we have to return to court in 2 weeks. So I am still named as the defendant and if the judge rules for the landlord this time I will have a judgement against me even though he knows I am the wrong person.
Do I have a case now? I think it was libel with proof positive the landlord did this with malice! Would I win if I take her to court without a lawyer?

 

[badapple40]

Illinois. I took your advice, went in front of the judge explained the mix up with the names Even showed him proof and asked him to dismiss the case and make my landlord refile with my son's name. The judge did not drop the case. He was going to order 1/2 of what the landlord was asking and a vacate order for Jan 1, untill the landlord had a temper tentrum in front of the judge. After that he changed his mind. No we have to return to court in 2 weeks. So I am still named as the defendant and if the judge rules for the landlord this time I will have a judgement against me even though he knows I am the wrong person.
Do I have a case now? I think it was libel with proof positive the landlord did this with malice! Would I win if I take her to court without a lawyer?

Did you sign or co-sign the lease for or with your son? Did you post his security deposit or pay his rent for him?

 

[wolffman82956]

Libel

Illinois. No I did not sign the lease or pay rent for him and did not co sign for his appartment. I never met the nutso landlord and my son signed the lease with his own name

 

[Smarty Panties]

Why would the judge order you to pay half of what the landlord asked for (until he changed his mind) if you have absolutely nothing whatsoever to do with the case? Are you suuuuuureee you have nothing to do with it?

 

[wolffman82956]

Thats A Good Question

I was hoping someone would tell me why!!!! The landlords daughter even told the judge that I was not the person she was evicting, and pointed to my son sitting behind the rail. The only thing I can think of is the judge did it to teach the landlords daughter not to have a temper tantrum in his court room. Whatever his reasons I am still left swinning in the wind Any Ideas on what I can do to stop a judgement that I have nothing to do with

 

[stephenk]

Sure, have your son pay the landlord what he owes. Your son is sitting in court watching you get screwed and not stepping up to do the right thing?

 

[wolffman82956]

Not True

My son has not had any heat in his apartment since last May 15. Legasl aid told him to withhold the rent from sept 15 on till she fixes the heat. She is in violation of n20 city codes and will not fix any of them. Now do you think he should smile and hand her over the money

 

[BelizeBreeze]

My son has not had any heat in his apartment since last May 15. Legasl aid told him to withhold the rent from sept 15 on till she fixes the heat. She is in violation of n20 city codes and will not fix any of them. Now do you think he should smile and hand her over the money

Yes....simple huh?

 

[badapple40]

My son has not had any heat in his apartment since last May 15. Legasl aid told him to withhold the rent from sept 15 on till she fixes the heat. She is in violation of n20 city codes and will not fix any of them. Now do you think he should smile and hand her over the money

Did he follow the procedures for putting the rent in escrow, or did he just decide not to pay? Because if he didn't withhold the rent right, he's screwed. If he were smart, he'd file a countersuit (counter-claim) for the condition of the premises and bring those claims with those of the landlord.

You need to file a motion for summary judgment. Get an affidavit, sign it and notarize it stating you were not a party to the lease, never signed the lease, never made any oral representations with respect to the lease, never promised to act as a surety for your son or pay in the event he did not, that he was over the age of eighteen when he signed the lease, and that you are not responsible for what he did or did not do. Then file a one page motion for summary judgment. It'd look something like this:

Case Caption

Defendant ___ moves for summary judgment/judgment as a matter of law, as Defendant is not a party to this lease, never signed the lease, acted as a surety, and cannot, as a matter of law, be held liable under this lease.

Sign it, date it, attach your affidavit to it.

Then I'd file another motion with the court. It'd look like this:

Case Caption

Defendant hereby moves this Court for sanctions in an amount significant to deter any future conduct of Plaintiff for Plaintiff's filing of a lawsuit without researching the law or legal basis for any action, suing parties without a factual basis, and filing suit merely for the purpose of harassment and other improper purposes. Defendant's motion for summary judgment, filed on the same date as this motion, is hereby incorporated by reference as if fully stated herein.

Sign it, date it.

Serve all of it on the Plaintiff and also file a copy with the court.

If you don't understand what I am telling you to do, go find an attorney to help you. He/she can probably get their fees back from the Plaintiff after they win the motion for sanctions.

 

[wolffman82956]

badapple

First I would like to thank you for your help. I understand what you are saying and have a friend that can help me with filling out the motions, He is a federal lawyer so this is not his field and would like to know if I can file the motions myself or would I need a lawyer to file? He is not sure about civil court. Thanks again William

 

[badapple40]

First I would like to thank you for your help. I understand what you are saying and have a friend that can help me with filling out the motions, He is a federal lawyer so this is not his field and would like to know if I can file the motions myself or would I need a lawyer to file? He is not sure about civil court. Thanks again William

you have an absolute right to represent yourself in court. Thats federal court, state court, tribal court, you name it, you can represent yourself there, and your friend, the lawyer, should know that.

You can also, in connection with representing yourself, file motions. Hope this answered your question.