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legaleagle
legaleagle, Lawyer (JD)
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Experience:  Attorney-Business degree from The University of Texas
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If you dispute the notice of damage, and you and your landlord

Resolved Question:

"If you dispute the notice of damage, and you and your landlord can reach an agreement, your landlord has to start a court case against you within(45) days after you move out."

It has been 72 days since we moved out. We have exchanged a couple of letters with our landlord. We have not received any notice that a court case has been started by our landlord. Is it possible he has started one and we just have not been notified? How long does it typically take before the party being sued receives notice of a court case being filed against him? Thanks.
Submitted: 4 years ago.
Category: Legal
Expert:  legaleagle replied 4 years ago.
Yes it is possible that he filed suit and failed to notify you but he can not get a valid judgment until he gives you proper notice and you get a chance to defend against his allegations. You can check the small claims court in the county where the rental was located to see if there is any case pending against you. You should get notice of a suit being filed within 7 days of less of it being filed with the court.
Customer: replied 4 years ago.
The term "start a court case against you" is the same as "filing suit"?

So, if he should have filed the suit 27 days ago and we have not been notified by the court or "summoned", would it be safe to say that he did not file a suit by the deadline?

(I checked the SCC as you suggested but could not find a database of pending cases... is this something that I should be able to find online?)

THANKS!
Expert:  legaleagle replied 4 years ago.

Yes the terms mean the same thing.

Yes it is a safe assumption that nothing has been filed.

Some courts will have that online but with small claims you may have to call to get a clerk to look at the docket.

legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13441
Experience: Attorney-Business degree from The University of Texas
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legaleagle
legaleagle
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Attorney-Business degree from The University of Texas