I was sued by my former slumlord for $200 in SUPERIOR COURT. I was broke and desperate when a friend of mine (not a real paralegal but supposedly *knowledgeable*) helped me file my response 5/05. According to a phone consult with an attorney today (I received interrogatories etc in mail and haven't a clue how to do them), my repsonse SUCKED. (I should've filed a cross complaint in order to get my deposit back and a FDCPA violation -no mini-miranda- on collection agency paperwork). My response only correctly addresses the $200. The only reason I wanted to go forward with this is that I have a balance sheet from former slumlord with charges that are unsubstantiated with receipts (and according to CA Department of Consumer Affairs, landlord must provide them in X amount of time which never happened or refund deposit X3). If I am only liable for the amounts substantiated by receipts, then slumlord owes ME over $500, never mind the return of my deposit. When this was sent to a collection agency, slumlord added/changed receipts because the CA mailed me the receipts as their VOD. Shortly thereafter I was served with the Summons. The attorney told me my best bet is to negotiate a dismissal with prejudice. How would I go about this? Do I "tip my hand" and tell the attorney about the unsubstantiated claims as a way to negotiate a smaller settlement? The attorney I spoke with today said he knows this guy and he has nothing better to do than to chase $200 and does it often. Financially it'd be a stretch to hire the attorney I consulted with today; even though I think I am right I am willing to cut my losses and move on. Can I sue the slumlord in small claims court even if I have this dismissal w/prejudice? If I win in small claims court (would be my $700 X 3), I could recoup some of the cost of the dismissal w/prejudice. (and the small claims court filing fees are way cheaper than hiring the aforementioned attorney.) I moved out of the apt 09/04. Went to collections either 1/05 or 2/05 and I was served with the lawsuit 4/05. Thanks in advance.
If you're near a university law school, it's possible that there's an untapped resources there for you. Most university law schools hold regular free clinics where individuals like you can get legal advice from students. Could be worth inquiring about in your area.
By all means, do your homework. But I'm pretty sure that once a case is dismissed with prejudice, that's all she wrote. You can't reopen in another court, but you might be able to appeal. Any words from the experienced?
