small claims court procedures in state of Utah, getting help to properly serve the defendant
Salt Lake City, UT
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Posted about 1 year ago in Litigation
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HELP WITH COURT:
last year in october to january of this year i stayed in a hotel in salt lake city. the hotel has some nice rooms. the rooms i stayed in
was not that nice. i kept asking and asking for a new room and they kept saying next week. it was cold and snowing and i kept asking for another room. the floor was covered (the carpet) with wax and the water faucets did not work. the dresser drawer was half apart and the fan in the bathroom was putting out sparks and smoke so bad that if you left it on it would make the hotel fire alarm go off. i ended up hurting myself because of a number of reasons in this hotel room. the ad they put out states room service once a week. i never did recieve such. i took a number of injuries from this room. anyways to make a long story short i kept asking and asking for another room and never did recieve such. in the end i went down to the front desk clerk and told him if i could not get another room then i was checking out and he just looked at me and told me that i could not have another room. i ended up checking out right then after asking him about fifty times for a new room. i halfway through contacted the headquarters of this hotel chain about all the issues sent them a fax and did recieve a reply. to no avail. at this point i then asked them for my money back. a long while went on and they did call me back (the hotel headquarters) and did make me a offer. a $100 was what they offered me. they even called me back a second time and offered me the same amount. i did not take it. instead i filed suit in small calims court. now this is what i am writing about. the court clerk filed the small claims and the constable or sherriff or whoever they have to serve the defendant was paid and by law was supposed to serve the defendant. i then called the small claims court (the justice court) where the small claims was supposed to be seen by the judge and asked the court clerk when the court date was. they politely responded that the court date was on this date and at this time. that was just fine with me. when the court date and at the time this was supposed to be i showed up in tie and nice clothes ready to defend my rights. i did have the time and date as right yet i was still not on the court schedule. i was there when the court clerk told me that a court date had been set yet there was no official court hearing or i was not on the court list for this night. upon asking the court clerk why i had been told there was a court hearing in small claims court and that i was not on the list of small claims for the night they responded that the defendant had not been served.? so i showed up from hundreds of miles away stayed in a hotel and then went into court for? i am not a expert on such matters. i am not a attorney. if they had not served the defendant as they were supposed to then why was i given a court date and time. they clerk told me the defendant had not been served and that they had not responded.? i sat there for a while in court and then went and asked for the clerk to give me some kind of proof that i was at court and he did such. he gave me a signed and dated and timed piece of paper stating i had been there and the defendant did not show. now upon this they are asking me for (i do have what they are asking me for) the summons and to fax it to them so they may serve the defendant. i am wondering if this is exact lawfull and if they can do this. what is then to stop them from doing this all over again. telling me there is a court date and time and then me to travel hundreds of miles and to show up and then not be on the small claims court list for the night. if you need more info please e-mail me at boise123123@usa.com i am all ears on this issue. and will check my e-mails daily. and will respond to each one. have a great day. - Is this your question? Add additional information Answers (1)Avvo Staff Moderator
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Posted about 1 year ago.
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