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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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Hope you are doing well. I moved into a rental house

Customer Question

Hello, hope you are doing well. I moved into a rental house in May/2013 and signed a lease until 4/30/2014. Due to the house not being maintained after 4 months of requests, i only paid till Feb 2014 and moved out in Feb 2014 The landlord did not pay back
my deposit The landlord filed a small claims case against me in San Diego I was out of the country from June 2014 to December 2014 Landlord claims too have served me in November 2014 Court hearing was in March 2015 I sent a declaration to the court which the
court received before the hearing. I wrote that I was not served. And since I don't live in California, so i am not under court's jurosdiction The court still ruled against me Then I sent sc-135 motion to vacate with the same reason I could not attend the
motion to vacate hearing in June 2015 as I am outside the country The court dismissed my motion to vacate I don't understand why the court is not considering my motion to vacate as I was not served I cannot go to San Diego to attend the hearing Now the landlord
sent me a message that he will use collection agency against me Questions : (1) what papers can I send to the court to get the case dismissed as I was not served and I am outside the jurisdiction (2) if landlord sends a collection agency after me,, would I
have to pay collection agency fees on top of the judgement Thanks, Mukul
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  socrateaser replied 1 year ago.
Hello, You describe a hearing in your question as if one is upcoming. Is there an upcoming hearing, or were you simply stating that you couldn't attend a past hearing because you were out of the country?
Customer: replied 1 year ago.
First hearing was on 3/12/2015. The court received mc030 on 3/9/2015 stating I was not served. I did not attend the hearing. Court still ruled against meI filed motion to vacate. Hearing was on 7/13/2015. I could not attend the hearing as I was out of countryHow can I get this case dismissed.Reaspns(1) I was not served as I was out of countrY(2) I don't live in California so court does not have jurisdictionThanks, Mukul
Expert:  socrateaser replied 1 year ago.
I think you may want to go back to Attorney Phillips to answer your questions about this issue, since he was the lawyer who you started with.
For me, this issue is too complicated to resolve in this forum. We would have to take this matter offline and formalize an attorney-client relationship. That's probably not on your agenda, because I would have to charge you customary fees. If that's something you want to do, then let me know and I'll send you an additional services request. Otherwise, I will opt out.
Thanks again for using Justanswer!

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