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LawTalk
LawTalk, Attorney
Category: Landlord-Tenant
Satisfied Customers: 36754
Experience:  I have handled Real Estate and Landlord Tenant matters for more than two decades.
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She took me to small claims and the judge awarded her 560.00

Customer Question

she took me to small claims and the judge awarded her 560.00 which I want to counter sue her... the woman texted me 2 days later and asked when she should expect to receive payment...I told her I was counter suing her for the cost of the motels and eating out because we couldn't cook in there... yes I knew there were previous smokers but there were 2 broken windows that she didn't want to replace or put screens on them so I could air the place out.... do I have a case against her or not for warranty of habitually
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  LawTalk replied 11 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

You opportunity to sue the landlord for the damages you mention was when she sued you. Because you failed to file a counter-suit in that small claims action, unfortunately, you will find that if she objects to your suit, the court will dismiss it based on the fact that you were legally subject to a mandatory counterclaim when you were sued by the landlord---meaning that was your one and only time to make a claim against the landlord for damages arising out of the rental of the unit.

You can force the landlord to chase you for the judgment she has against you though. If you don't pay she will have to find a way to wade through the legal system in the collection process. Many people with small claims judgments simply do not take the time and spend the additional money to chase the debtor and file the necessary court documents to be able to attach wages or attach property of the debtor. If you just tell her that you are not going to pay, then she will have to jump through all the extra legal hoops if she is going to have a chance to collect from you.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 11 months ago.
I was told I couldn't counter sue her at that time because I would have to go to her county in Colorado to file papers like she had come to Cheyenne to file this suit against me..I was never asked in court if I was counter suing her..I just want to counter sue for the amount she won of 560.00..why don't I have any kind of a small claims action that I can file against her?
Expert:  LawTalk replied 11 months ago.

You wrote: I was told I couldn't counter sue her at that time because I would have to go to her county in Colorado to file papers like she had come to Cheyenne to file this suit against me

You could not have filed a SEPARATE lawsuit against her, but you were obligated to file a counter-suit against her if it had anything to do with the rental unit. The court would ALWAYS allow you to file a counter-suit in the same case you were being sued in--despite the fact that it was filed in the county where yoiu lived.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Doug

Expert:  LawTalk replied 11 months ago.

Good afternoon,

Is there anything else that I can assist you with today?

Doug