Duplicate Lawsuit Defense Strategy

Summary

If a landlord files a duplicate lawsuit for the same debt, it may be grounds for dismissal. Lack of notice for a hearing can also be a valid defense. Present any blank exhibits as evidence of insufficient proof. If a lease was terminated by the landlords notice, claims for rent post-termination may be invalid. Gather all payment records and termination notices to support your case. Consider filing a motion to dismiss the duplicate lawsuit and consult with a local attorney for a review.

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No i have not. I will draft a motion to dismiss.
Channon, it sounds like you have a strong basis for a motion to dismiss. Here are some steps you might consider:
- State the Grounds: Clearly state that the lawsuit is a duplicate and mention the pending appeal.
- Highlight Lack of Notice: Emphasize that you weren't notified about the first hearing.
- Point Out Blank Exhibits: Include copies of the blank exhibits as evidence of the lack of substantive proof.
Have you considered consulting with a local attorney to review your motion before you file it? This could strengthen your case.
I have spoke with an attorney briefly. He did make a great tort law point. He stated that in August when the landlord gave a notice that he was ending the lease and that we had 5 days to move out. Not a pay or quit. Not offering an opportunity to pay to cure any debt or trespass, but instead a direct....i am ending the lease, leave my property. When the landlord did this that official notice in fact ended the lease. By tort law, the only way the lease could be reinstated is if I allowed him and agreed to him withdrawing the initial notice, which never occured. Therefore that would mean that there was no lease in effect when he first filed a complaint at the magistrates and passed that, i have proof that all rent was in fact paid that he was fraudulently claiming was never paid.
Hey Channon, it looks like you have a strong case. Here are some additional points to consider:
- Lease Termination: The lease was effectively terminated by the landlord's notice, making any claims for rent post-termination invalid.
- Proof of Payment: Gather all documentation that shows rent was paid.
- Duplicate Lawsuit: Emphasize that the landlord is pursuing the same claim in multiple lawsuits.
Have you gathered all your payment records and the original termination notice from August?
I have
Hey Channon, great job gathering all the necessary documentation. Here are your next steps:
- Compile Evidence: Organize all proof of rent payments, the termination notice, and any correspondence with your landlord.
- Draft Motion to Dismiss: Clearly outline the duplicate lawsuit and lack of notice.
- Legal Consultation: Consider having a local attorney review your motion before filing.
If you need any more specific legal information, feel free to ask!