Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

My landlord file an eviction on me Nov. 3 which I answered…

Customer Question
My landlord file an...

My landlord file an eviction on me Nov. 3 which I answered and it was ruled in my favor at Magistrate Court Nov. 28, 2017. Now my landlord has filed an appeal with State Court. I understand that a certified letter has come to the house and I was not there so no one signed for it. Please tell me what is my next step.

Lawyer's Assistant: Has anything been filed or reported?

She has several complaints with Code Enforcement and Environmental services. I did not receive the certified letter because I was not home tos sign for it.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want to know what my next steps are and can I file for harassment and money for constructural damages.

Submitted: 8 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
12/11/2017
Lawyer: DamienJD, Attorney replied 8 months ago
DamienJD
DamienJD, Attorney
Category: Legal
Satisfied Customers: 5,469
Experience: Attorney. Well versed, understanding, friendly
Verified

Hello: My name is ***** ***** I am an attorney. What is the certified letter? Is it the Notice of Appeal? Also, what harassment are you experiencing and did you bring this up to the magistrate? Finally, what contractual damages would you like to claim?

Ask Your Own Legal Question
Customer reply replied 8 months ago
I am in Atlanta Georgia. The judge asked what day would I like to move and I said Dec.15, 2017. No, I did not tell the judge of harrasment because it just began.
The house has mold and pipe issues.
In Sept.2017 I had awater bill of 789.00 for one month. She still have not fixed yet.
She also put somethings of mines on the patio when I first moved here resulting in damages due to a bad thunderstorm.
I am moving Friday and is not home when mail comes to sign certified mail.
The only that came through mailbox is telling me she filed an appeal and that's it.
Lawyer: DamienJD, Attorney replied 8 months ago

Okay. Thanks for the additional information. Since we do not know what is in the certified letter, you will have to wait and see what is it in it to respond properly. I am not sure what the Magistrate order beside granting you something, which is unclear to me. In any event, since you are moving this weekend, things will calm down a bit. At that time, you can re-group to determine if and when you can make a motion for contempt if she is violating the court order to pay you any money you were ordered to receive. Or, you can file a small claim against her in small claims court for any money owed you do to damages to furniture, etc. If the harassment continues after you leave, then you could potentially file a claim against her for the harassment also.

We can continue to discuss this. If you have any questions, just let me know. Or if I misinterpreted or missed a question, just let me know.

Ask Your Own Legal Question
Lawyer: DamienJD, Attorney replied 8 months ago

Hello again:

Do you have any further questions? I am happy to continue answering your questions. Just let me know.

If you are satisfied with my services to you, please provide a rating between 3 and 5 stars at no additional to you charge so I can get paid for the services I provided to you. Thank you.

_____________

Ask Your Own Legal Question
Lawyer: DamienJD, Attorney replied 8 months ago

Hello again:

Just checking whether you got all that you needed from Just Answer. If so, let me know. if not, let me know. Thank you.

Ask Your Own Legal Question
Customer reply replied 8 months ago
You didn't understand. I was telling you Nov.3rd landlord filed with Magistrat Court a dispossesory and I answered . Court was held Nov. 28, 2017 where landlord was suing for 5,000.00 dollars from back pay.
Which I refused to pay because the amount was disputeable. The house had mold and pipe issues and because of my evidences/documents I didn't have to pay .
I am allowed to move Dec. 15th (my decision) because of the outcome. Now, landlord has filed an appeal with State court and I need to know what is my steps?
Lawyer: DamienJD, Attorney replied 8 months ago

Sorry for the misunderstanding. When someone files a Notice of Appeal, the next step is to determine proper jurisdiction:

a) General rule. Upon filing a notice of appeal to the Supreme Court, the appellant shall file with the prothonotary or clerk of the trial court an original and 8 copies of a jurisdictional statement. The statement shall be in the form prescribed by Rule 910(a) and (b). No statement need be filed in cases arising under Pa.R.A.P. 1941 (Review of Death Sentences).

(b) Answer. Within 14 days after service of a jurisdictional statement, an adverse party may file with the Prothonotary of the Supreme Court an original and eight copies of an answer thereto in the form prescribed by Rule 911. The answer shall be deemed filed on the date of mailing if first class, express, or priority United States Postal Service mail is utilized. No separate motion to dismiss a jurisdictional statement will be received. A party entitled to file an answer who does not intend to do so shall, within the time fixed by these rules for filing an answer, file a letter stating that an answer to the jurisdictional statement will not be filed. The failure to file an answer will not be construed as concurrence in the jurisdictional statement.

(c) Action by the Supreme Court. After consideration of the jurisdictional statement and the brief in opposition thereto, if any, the Court will enter an appropriate order which may include summary dismissal for lack of subject matter jurisdiction. If the Supreme Court in its order notes probable jurisdiction or postpones consideration of jurisdiction to the hearing on the merits, the Prothonotary of the Supreme Court forthwith shall notify the court below and the attorneys of record of the noting or postponement, and the case will then stand for briefing and oral argument. In such case, the parties shall address the question of jurisdiction at the outset of their briefs and oral arguments.

If the case continues, then each party will have to file a brief with the court and have an oral argument.

It is rather complicated.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask DamienJD Your Own Question
DamienJD
DamienJD
DamienJD, Attorney
Category: Legal
Satisfied Customers: 5,469
5,469 Satisfied Customers
Experience: Attorney. Well versed, understanding, friendly

DamienJD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I need advise on getting out of a vague lease in regards to
Hello, I need advise on getting out of a vague lease in regards ***** ***** pollution from a dwelling located underneath do to thin floors and more so plumbing issues that have not been remedied for o… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,366 satisfied customers
Can some body send me links etc..., where counter claims are
Can some body send me links etc..., where counter claims are allowed in court for eviction case for the tenant as an offset to a monetary claim and eviction and also reasons why a case would be moved … read more
Sean K
Sean K
Attorney/Member
JD
976 satisfied customers
I have an eviction notice and a repossession of property
I have an eviction notice and a repossession of property signed by the magistrate court. The tenant filed an appeal through the prothonatary's Office. I was never served the appeal notice. The tenant … read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,469 satisfied customers
We have filed an eviction notice through the magistrate
We have filed an eviction notice through the magistrate court. The tenant appealed. She had 10 days to serve us with the notice with a deadline of January 26, 2018. She filed her appeal with the magis… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,469 satisfied customers
Violent ex girlfriend refuses to vacate the home. I have had
Violent ex girlfriend refuses to vacate the home. I have had to move out for my own safety? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,294 satisfied customers
I am being accused of elder abuse by my parent who is legally
I am being accused of elder abuse by my parent who is legally competent because I've requested she stop living in my house. How can I protect myself and compel her to move out by a specific date?… read more
LegalEagle1
LegalEagle1
Attorney
Doctoral Degree
751 satisfied customers
Hi, I live in Ga im fighting a wrongful foreclosure case before
Hi, I live in Ga i'm fighting a wrongful foreclosure case before i ask the question let me give you some case background. 1.Nov. 1, 2011 home foreclosed on. 2. Feb 9, 2012 attended an eviction hearing… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,187 satisfied customers
I won a case in Small Claims Court. I waited the 30 days, then
I won a case in Small Claims Court. I waited the 30 days, then sent the Defendant (who is a business) a certified letter of "Demand". On the day they received the notice, they ran down to the court ho… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I live in Las Vegas...I had a evictiron served...go to court
I live in Las Vegas...I had a evictiron served...go to court and has 48hrs to get out. I appealed to District Court, but was denined...The evication is for part of Sept & Oct rent. I paid Novembers re… read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
If I failed to make a payment on time in a Landlord Tennant
If I failed to make a payment on time in a Landlord Tennant appeal to the court and got my suprcedeas terminated. Can I file a petition to have it reinstated and make the payment. Even if the Landlord… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
I have to got to magistrate court on Thurs. becuase I was served
I have to got to magistrate court on Thurs. becuase I was served eviction papers for back rent. I do owe back rent. It is me, myself, and my wife. I cannot be in court Thurs. for fear of losing my job… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
What does it take to evict a non paying tenent whom may become
What does it take to evict a non paying tenent whom may become violent in ones home in Texas?… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
I am renting with a roommate - both our names are on the rent.
I am renting with a roommate - both our names are XXXXX XXXXX rent. 98% of the household belonging belong to me. Roommate is not paying his portion of rent/utilities. What are my rights?… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
We are in a dispute with our landlady She went and wrote
We are in a dispute with our landlady She went and wrote a letter to the judge to rule in her favor without us knowing We have now received a letter on Dec 10th 2009 by mail from the court sayingthat … read more
Ray
Ray
Lawyer
Doctoral Degree
33,840 satisfied customers
I filed a small claims against former landlord, he then lawered
I filed a small claims against former landlord, he then lawered up and filed eviction in superior court although I had already moved. Small claims judge ordered us back Nov 6th and said he would proba… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
Hello There, I am having a legal problem with my Apartment
Hello There, I am having a legal problem with my Apartment Complex. I had a problem with rodents(rats) and the apartment complex did not fix the problem correctly. So I called Code Enforcment and they… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Im having a landlord tennant problem My landlord told me she
I'm having a landlord tennant problem My landlord told me she wan't renewing my lease. I filed in court that it was in retaliation for phone calls to the AG's office and codenforcement. The court foun… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
in the state of ga, what is the legal process the landlord
in the state of ga, what is the legal process the landlord has to take to evict for none payment of rent.… read more
JaxLaw
JaxLaw
Associate Attorney
Doctoral Degree
1,722 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x