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Old 01-07-2011, 12:59 PM
 
16,956 posts, read 16,755,587 times
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I believe OP can present to the judge a countersuit at the time of her lawsuit.

I would contact small claims court today or Monday and ask them if you can file a counterclaim at the date of her lawsuit. Or must you file a seperate claim on a different court date.

I would sit down tonight and write down EVERYTHING you can think of from the first day you saw the place, move-in, what occured after move-in, reason for you vacating ( if applicable ) and what was stated after move-out proceedings.

Keep a file. Note all saved emails, voicemails, texts, snail mails, pigeon messengers, and neighbors as witnesses.

Present copies of your Utilities that SHE infringed upon. You may have agreed to it initially as to be a good tenant but she ABUSED the privilage horribly.

I think the Judge would LOVE to know all the details. Let's see what he thinks should happen to her.

Good Luck
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Old 01-10-2011, 12:10 PM
 
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Any suggestions from those who have been thru it, what is the best way to phrase your argument. my key points are carpet and padding past useful life (18 yrs or older),i never saw condition of hardwood floors below, paint had not been done in over 5 years, prior to us a dog had lived at residence for 13 years so can't prove how/when carpet was damaged, renovations started prior to us moving out, she did not ask for permission, and landlord decided to place all of her belongings in house prior to us turning possession over.
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Old 01-10-2011, 10:32 PM
 
Location: Kailua Kona, HI
3,199 posts, read 13,397,703 times
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Try to cover the facts while being as brief and to the point as possible. Do not use any language that is emotional; think of technical writing. No flowery words, no impassioned pleas, just the fact's ma'am.

Conclude with EXACTLY what you want in your suit.

they know that you are not an attorney and will be understanding of your situation, asking questions when they need to.

If you have any evidence of any kind; (documents) bring the original and 2 or 3 copies. You may be asked to show the original, and provide a copy to both the court and the other party. So, be prepared with triple sets of any documents or photos you plan to submit as evidence or corroboration to your argument.
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