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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 92595
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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The property managment company filed the small claims court

Resolved Question:

The property managment company filed the small claims court $5,000.00 one day after they illegally broke into the house without permission from the court on the eviction claim. The police report was filed the night before with the theft of the $5,000.00 dollar ring missing.


Question 1. In Thurston County Washington can an attorney accompany this gentleman into small claims court?


If not can he counterclaim for his stolen property or should he wait and file criminal charges for breaking and entering the home without a court order and taking his ring?


This is very time sensitve..The small claims court case in the 19th..tomorrow morning at 9:00. Please advise...it is shameful what they have put this 75 year old man through. Thanks for your help.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Attorneys are generally not allowed in small claims court unless the case was transferred from the regular civil court or with permission of the small claims court judge. If you want an attorney or paralegal to appear in small claims court on your behalf, you have to file a motion for leave to be represented by counsel with the small claims court explaining your good cause for wanting counsel and the judge has to approve of the representation.

If you already filed a police report, you can file a civil suit against them with an attorney in the regular civil court or if you want to file a counterclaim for the ring in small claims you need to file your counterclaim yourself or get permission of the court to be represented by an attorney. Your age would be one reason for good cause to allow representation by counsel and also if the other party is represented by counsel because they are a corporation then this also would be a good cause reason for the court to permit you to use a attorney.




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Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 92595
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Law Educator, Esq. and 2 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.


The small claims case is scheduled for the 19th at 9;00am. Is there anything he can do today, to prepare for the case?He has the police report and the eviction notice that he answered in a timely manner and it had not had an opportunity to go to court and they forced entry into the house and that is how the ring came up missing. He had bars on both doors, front and back. He also hand carried a letter to one person that he met at the house to serve him the eviction notice..they falsely applied his email address on top of the document, as though he sent it by e-mail. Is that illegal to do that? Thank you for helping !

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

He needs to put his evidence together to bring to court tomorrow and he will need to present it to the court. He can also go to the court today and file a counterclaim to the suit if he chooses or he can wait to file the separate suit for the theft.

Yes, they cannot file false documents and he has to prove that they did so in court and when he does he can ask the court for sanctions against them for doing so, which would include money damages.
Customer: replied 1 year ago.

at the time he files a counter claim today, will they or can they give him another court date to get an attorney to help him? He has all of this evidence but he is so scared that he cannot present it effectively and will get nervous and not know what to say. He is 75 and never been inside a court room in his life. You are so kind to help.

Expert:  Law Educator, Esq. replied 1 year ago.
Because it is the day before the court hearing, they would likely make him file it as a separate suit and then when he goes to court tomorrow he would have to ask the court to consolidate the two actions and give the court the other case number XXXXX also move the court to allow him to have an attorney based on his age and his inability to go to court physically. You can go to court and help him, but he will have to speak for himself if he cannot get an attorney.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 92595
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Law Educator, Esq. and 2 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Oh my goodness, you have been most helpful. You are greatly appreciated and we cannot thank Just Answer enough for creating a powerful venue where poor people who need advice and counsultation can go 24/7. Thank you again and please accept this small donation, as the least we can do, for your compassionate advice to two elderly people trying to help each other.

Customer: replied 1 year ago.

This is the e-mail message I received this morning. Is it legal for them to enter my home that the eviction notice, we go to court on June 28th.


We will be showing your home at 1pm tomorrow (Saturday). It will be a real estate agent showing for the sale of the home. If you still have the devices installed to prevent people from entering the home please remove them. Thank you for your cooperation. I will also be their if you would like to meet and talk about all the paperwork you are receiving. Please email or call me once you have received this as confirmation.


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response and update.

The landlord has a right to reasonably show the property for sale with a minimum 24 hour notice. You cannot unreasonably deny them the right to show the property even though his eviction is not complete. Of course, if you can get to court today you can file a motion for an emergency ex parte temporary injunction preventing them from showing the home until the eviction is completed and heard by the court in a few more days.
Customer: replied 1 year ago.

I left you a 40.00 bonus. did you get it ?

Expert:  Law Educator, Esq. replied 1 year ago.

If it was just today, I am afraid it does not appear to have gone through, I do not know why but you can check with customer service. Thank you so much.

Customer: replied 1 year ago.

No, I left it the day you told Mr Dover to file the counter claim or new claim, which he did. That was on the 18th.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you, yes I did get that one. Thank you very much.
Customer: replied 1 year ago.

 















Jun 18, 2013 Payment To
Just Answer!


Completed

Details Payment To Just Answer! 1RR80826C9971741B -$40.00 USD
Expert:  Law Educator, Esq. replied 1 year ago.
I got that one thank you very much. I thought you were referring to today. I apologize if I confused you.

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Law Educator, Esq.
Law Educator, Esq.
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Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.