We are suing in small claims a property management company and the person who owns the house for failure to return security deposit. When we went to small claims the first time the hearing was continued because the owner (who lives out of state) did not show up, judge denied request to appear by phone. The Judge said because we are suing company AND home owner that the home owner does not need to appear at the next hearing but if that happens said home owner gives up the right to defend themselves. If they dont show up does the home owner need to file any paperwork stating they wont or will have management company represent them? To me it seems like both parties being sued not showing up would mean a failure to appear and automatic dismissal w/ prejudice.
The property manager could possibly serve as the agent for the landlord. Any party's failure to appear may mean a default judgment against that entity.
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