I was later informed by the law office of the plaintiff that they intended to proceed.Will the case be thrown out if I list the errors on my “answer”

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I was later informed by the law office of the plaintiff that they intended to proceed.Will the case be thrown out if I list the errors on my “answer”

I received a UD summons / Complaint on 5-27-09 by a process server at my front door. The Complaint states that a 3 day pay or quit was posted and mailed on 5-22-09. There was nothing posted at my door on that date or on any day after that. As of 5-28-09 nothing has arrived in the mail. The amount owed is stated as $1900.00 and does not reflect a $500. pmt on the 5/5 and a $400 pmt on the 5/21. The day on site manager spoke to the prop.mgmt and explained the errors in their figures and reminded of the 2 pmts made in May. They agreed to stop the eviction. Verbally. for now.

Asked on May 28, 2009 under Real Estate Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm not a California lawyer, but in most states, eviction procedures in the law have to be followed to the letter, and the facts you've given might, if believed by the court, be enough to get this case thrown out.  You're basically admitting that you still owe another $1,000, though, and you might need to be ready with that.  There may be other facts that come into play here as well, that you haven't included.

I'd recommend that you not try defending this on your own. A landlord-tenant attorney in your area can give you sound advice, based on California law and all the facts of your case.


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