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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26932
Experience:  Began practicing law in 1992
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The landlord had papers served to my husband and me for non-payment

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The landlord had papers served to my husband and me for non-payment of rent for one month. I have proof (IRS acceptable copies of all checks showing payment each month). We are professionals and will have to take time from work to attend this hearing.
Can she be charged with giving false information to a magistrate? Would we be able to have her charged with anything else, such as harrassment? Can we file a civil action? If so in either case, what would the charge be and what motion can be filed?
Thank you.
Jean
Submitted: 4 years ago.
Category: Legal
Expert:  Dwayne B. replied 4 years ago.
You're unlikely to be able to get her charged with anything because there is almost immunity for anything pled in a civil lawsuit.You can, however, file a countersuit for harassment and ask for sanctions for a frivolous filing and abuse of process. If you are going to sue her you are going to have to do it in this suit or you could possibly be barred.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 4 years ago.
The papers served are for a criminal complaint not a civil complaint.
Expert:  Dwayne B. replied 4 years ago.
You've been charged criminally for allegedly not paying rent? Are you sure? How is the case styled Who vs. Who?
Customer: replied 4 years ago.

The landlords names V me

The landlords names V my husband

Customer: replied 4 years ago.
Are you still there?
Customer: replied 4 years ago.
Is anyone there?
Expert:  Dwayne B. replied 4 years ago.
We are helping other customers and sometimes it takes a while to get back to you.

That sounds like a civil complaint, why do you think it is a criminal complaint?
Customer: replied 4 years ago.

no problem. thanks.

It is a notice from the district court from the magistrate

It says "Recovery of Real Property Hearing Notice"

Plaintiff: (landlord name)

Defendant: (my name on one and my husband's name on the other)

 

Additional rent remaining due and unpaid on hearing date (July 13th)

Expert:  Dwayne B. replied 4 years ago.
I don't think that is a criminal complaint. A criminal complaint would be styled "The State of ??? v ______" or "The City of ___ v. ____".

A criminal complaint isn't brought by an individual, it is brought by a prosecuting attorney.

Based on this you can do your countersuit as discussed above.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Customer: replied 4 years ago.

It does say Commonwealth of PA

County of Somerset

Expert:  Dwayne B. replied 4 years ago.
That is most likely just the section that tells where it is filed. The actual VS section would have the government as a party if it was a criminal complaint.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26932
Experience: Began practicing law in 1992
Dwayne B. and 12 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
I understand. Thank you very much!

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