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Roger
Roger, Attorney
Category: Landlord-Tenant
Satisfied Customers: 31781
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I've been served with an ejectment after the landlady lost

Customer Question

I've been served with an ejectment after the landlady lost the eviction case in court.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

An ejectment action is filed against someone who has tried to claim title to the property......which is how it is distinguished from an eviction action. Are you claiming ownership of the property?

Customer: replied 1 year ago.
No I do not claim to own the property.
Expert:  Roger replied 1 year ago.

In that case, your best response is likely to state that you don't claim ownership of the property, and that you are instead a tenant who is paying rent, and that the ejectment should be dismissed as there's no basis for the claim.

Customer: replied 1 year ago.
I understand that much. But I'm not sure of legal tech that might come up.
Customer: replied 1 year ago.
I can't even afford the 30 dollars I'm spending for you to tell me what I already understand. I don't want to be tossed on the street as this case is probably not that simple.
Customer: replied 1 year ago.
Did I just now throw my money away?
Expert:  Roger replied 1 year ago.

It doesn't seem like the case would have any basis if you're a tenant and not claiming ownership.

Expert:  Roger replied 1 year ago.

However, you certainly do have to respond to the complaint in order to avoid a default.

Expert:  Roger replied 1 year ago.

You also may want to file a counterclaim against the person for filing a frivolous lawsuit, a retaliatory action for losing the eviction, abuse of process, malicious prosecution, etc.

Expert:  Roger replied 1 year ago.

It truly sounds like the landlord doesn't understand what an ejectment is.......and is trying this as a second attempt to evict you......which is not proper and could be res judicator (civil double jeopardy).

Expert:  Roger replied 1 year ago.

Hi - I was checking in to see if you needed anything further. Is so, please let me know. If not, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!