Legal Question in Landlord & Tenant Law in Missouri

Wrong person listed on lawsuit

I am being sued in small claims court by my former landlord for the

replacement of carpet in the unit I lived in for six months. Based on the

previous 250+ similar suits this landlord has filed in the past 4 years, I think

the landlord is trying to get a default judgment assuming I won't appear in

court. Today after a motion hearing for continuance on behalf of the landlord,

an attorney with the landlord's attorney's office told me the continuance was

filed because she won't handle the case (another attorney in the office is

going to take it), because they can't produce a lease that has my dad's name

on it. He is named on the suit, mainly (I think) because they know he's more

likely to be able to pay. He never signed my lease. Is there anything I can do

to have my dad's name removed from this suit before the hearing, which is

scheduled for 2 weeks off?


Asked on 9/02/04, 11:30 am

2 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Wrong person listed on lawsuit

If the case is actually in small claims, and if the landlord has indeed filed 250 similar cases in the last four years, you should invoke section 482.330. It reads:

1. No claim may be filed or prosecuted in small claims court by a party who:

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(2) Has filed more than eight other claims in the Missouri small claims courts during the current calendar year. If the court finds that a party has filed more claims than are permitted by this section, the court shall dismiss the claim without prejudice.

If you are in SCC, and the statute is brought to the attention of the judge, the judge is MANDATED by the statute to dismiss the action.

Good luck.

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Answered on 9/02/04, 11:41 am
Scott Mason The Legal Resource Center

Re: Wrong person listed on lawsuit

If you're unable to get the suit dismissed I would recommend you get a copy of Renter's Rights or Every Tenants Legal Guide which can be found here: (just copy and paste)

http://www.affordablelegalsolutions.com/landlord-tenant.htm

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Answered on 9/02/04, 2:23 pm


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