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Do I have to fly back for a law suit?

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  • Do I have to fly back for a law suit?

    The tenant has some dispute regarding $300 withholding of security deposit, and they are likely to sue me for wrongful withholding.

    I used a property manager to manage my house in CO, as I live in CA.

    If the tenant sue me, do I have to fly back to CO to appear in court?

    Can anyone please explain how to bring the property manager as third party defendant?

  • #2
    Re: Do I have to fly back for a law suit?

    I wish to inform you that either you or your representative will have to appear in court. In this regard if you cannot appear then your attorney can appear. If your property manager has misused money then he can be included in counterclaim. You can file a counterclaim against your property manager and can include him as defendants by counter claim.

    AFF

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    • #3
      Re: Do I have to fly back for a law suit?

      Originally posted by YayaMama View Post
      The tenant has some dispute regarding $300 withholding of security deposit, and they are likely to sue me for wrongful withholding.

      I used a property manager to manage my house in CO, as I live in CA.

      If the tenant sue me, do I have to fly back to CO to appear in court?

      Can anyone please explain how to bring the property manager as third party defendant?
      an absent lanlord will likely not be looked upon in a great way by the judge

      It would cost you less to settle this for $300

      Comment


      • #4
        Re: Do I have to fly back for a law suit?

        Originally posted by YayaMama View Post
        The tenant has some dispute regarding $300 withholding of security deposit, and they are likely to sue me for wrongful withholding.

        I used a property manager to manage my house in CO, as I live in CA.

        If the tenant sue me, do I have to fly back to CO to appear in court?

        Can anyone please explain how to bring the property manager as third party defendant?
        Yes, you would need to personally appear if they sue you in small claims court for attorneys may not represent in that court.

        As to bringing someone in as third party defendant, once served along with their answer they would file a summons with a corrected caption, "John Doe, Third Party Defendant" and in the answer reply that the acts of "John Doe" were not authorized as your agent and he/she should be solely liable. Answer and a copy of all pleadings filed need to be served on the other party, as well.

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        • #5
          Re: Do I have to fly back for a law suit?

          Originally posted by YayaMama View Post
          The tenant has some dispute regarding $300 withholding of security deposit, and they are likely to sue me for wrongful withholding.

          I used a property manager to manage my house in CO, as I live in CA.

          If the tenant sue me, do I have to fly back to CO to appear in court?

          Can anyone please explain how to bring the property manager as third party defendant?
          Since the property is located in another state, then you are doing business there, and the proper venue to file suit would be where the rental property is located.

          Part of the burden of doing business in a different state is having to fall under the jurisdiction of that state. As FIC has stated, Colorado's Small Claims Court does not allow for attorney representation, so you would need to appear on your own behalf. That means if you are sued in Colorado, you will have to appear in court or face having a default judgment filed against you for failing to do so.
          "If it ain't in writing, it never happened."
          "A lack of planning on your part does not constitute an emergency on my part."
          "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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          • #6
            Re: Do I have to fly back for a law suit?

            Write a threatening letter to the tenant and send over Guito and Luigi to take care of business

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