Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am sorry for your situation.
First of all, understand that even though you believe that the tenant may not have filed an amended complaint, they may have
, but simply may not have sent you a copy! The tenant has already demonstrated that they have little decency, so I would not put this past them.
As such, it would behoove someone in your situation to check
with the court if they had filed an "amended complaint" just to be sure.
IF THEY HAVE INDEED filed an amended complaint, then of course the hearing stays.
IF THEY DID NOT FILE an amended complaint and have missed any deadline set by the Judge, and the hearing is coming up, then you may wish to file a Motion to Dismiss
, serve the tenant, and set this for a hearing in an attempt to dismiss the matter before even getting to the trial date. However, one way or another, you may have to end up having a quick hearing to have this matter dismissed.
If nothing is done by you, the tenant may not even show up at the trial date, or may show up and (if he has no amended complaint) the matter may be dismissed then and there. So the choice is yours, but a few proactive steps are recommended to be taken.
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