My landlord tried to sue me at small claims court in California. He never showed the first time and then I was required to go a second time. The judge said because of this the judgement against me was closed and I no longer owed any money to him. Now 10 years later he is suing me again for the same thing. It became a civil suit and now says I owe twice the amount. The question is can he sue me a second time for same thing ant also through his attorney who is a debt collector place a bad Mark on my credit score for not paying? Thank you,
This is a bit confusing. If it is the same money for the same problem, the original judgment for you is res judicata so that you need to raise it with the judge at the first possible instance via a motion.
Your fact pattern is indeed confusing. If your landlord is suing you for something that happened since the last lawsuit, then the original small claims judgment does not bar the new lawsuit. If he is suing you on the same obligation, then the old judgment in your favor should bar the new lawsuit.
Greg May handles civil appeals, writs, and law & motion matters throughout California in both state and federal courts. This response does not create any attorney-client relationship, and its content is offered solely for information and commentary on California state law (or, if specifically cited, federal law). This response should not be construed as nor acted upon as legal advice.
Legally, you have defenses against the Lawsuit. You will have to go to Court and present evidence of the previous case. You probably can do a separate suit for Malicious Prosecution or Abuse of Process. Its easy to file frivolous suits in Court.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline