It is not required that there be attached to the Complaint copies of the written documents upon which the plaintiff's claim may be based. It is probably sufficient that the Complaint alleges the existence of a such written document or agreement in which you gave such a guaranty. If the Complaint contains such an allegation, your demurrer would not be well taken and you might as well save the effort.
1 lawyer agreed with this answer
Attorney's fees don't count when calculating whether the case falls within limited jurisdiction. Thus, your case belongs in limited jurisdiction regardless of the amount of attorneys' fees they hope to recover. Just make a basic motion pointing out that the demand is for well under the limit for limited jurisdiction cases. Judges love to clear their dockets by sending cases to limited jurisdiction, so it will probably be granted.
1 person marked this answer as helpful
If, indeed, the management of the storage facility permitted an unauthorized person to enter your space and steal from you, the management ought to be liable to you for your losses. However, your rights might be modified by your contract with the storage facility management, so you should consult with an attorney.
Your rights as a tenant don't change just because the landlord passed away. Only the identity of the landlord has changed.
The fact that the debtor is a relative has no legal significance. Small claims court, however, is informal, and sometimes legally irrelevant matters are taken into account. Nevertheless, if he signed the promise to pay, there's no reason to expect that the court would not hold him liable. After you get a judgment against him you'll have to execute on it wherever he has assets. If that's in another state, you'll have to get your judgment entered as a sister state judgment in that other state,...