Residential case. I am the Tenant. I gave written termination notice 12/1/ 2011, and moved out 1/31/2012. Then, ex-neighbor informed me of papers at vacated apartment. Court records checked and found out a Complaint was filed on 2/17/ 2012. I filed my Answer on 3/5/ 2012. I asserted that I have no possession; denied owing any rent. No rent deposited to court registry. Landlord filed motion for immediate judgment for possession [Count I of complaint] (since no rent was deposited). Court approved judgment for possession, but also awarded court costs. I then filed a motion to Stay Execution (with respect to court costs only). Motion was granted. Plaintiff is a corporation. Affidavit for non-military service filed with motion for immediate judgment indicates the name of a person as Landlord. Probably the major shareholder and/or corp. officer.
For example:Complaint has "xyz-corp" as Plaintiff (the Landlord). The lease is between "xyz-corp" and myself.
Affidavit has "John Smith" deposes and says: 1. That he is the Landlord of rented premises ...
Nowhere in the affidavit the relationship of "John Smith" to "xyz-corp" (the Plaintiff) is mentioned.
Plaintiff's attorney asked me if he could have more time to respond to my Answer and I agreed. Plaintiff has not filed a response to my Answer yet.
Is there a Defense/Motion that I can use for the discrepancy between the Complaint and the Affidavit regarding the Landlord name?I appreciate the replies given, but they do not address my question. Is there a Defense/Motion that can be used? More details: On 3/2/2012 I filed a motion to dismiss raising the defense of insufficiency of service of process. No hearing scheduled yet. I did not file a motion to quash because the complaint can be dismissed without prejudice (then Plaintiff can perform service again). I filed the Answer so that the Plaintiff can seek possession (rental unit is vacated). In the Answer I raised the motion defense again (if a defense has been raised in a motion it can be used in the Answer). So in my point of view, I have not lost a Defense. If I had the money, I would have hired an attorney. Think of my case as a Pro Bono. Would you rather help one who does not know what they are doing, or a law student who has put some thought into it and who can learn on the fly. If you were in my situation when you were a law student, would you have asked any of your professors? Parents and relatives are not attorneys.
I definitely would not attempt to attack the adequacy of the non-military affidavit.
It may very well prejudice your cause, if that hasn't been accomplished already.
You should have consulted an attorney before filing anything with the court. To obtain judgment for money damages the landlord is required to obtain personal service on you. By filing an answer you have subjected yourself to the jurisdiction of the court and a money judgment can now be entered against you.
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