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Hi everyone,
I took my landlord to court a few months ago after she withheld my last month's rent.
She claimed a counterclaim based on lies about the property condition and for items which I purchased for the property and subsequently took with me.
She attended the pre-trial hearing but failed to show for the full hearing, therefore I was awarded the decree in my favour.
I have now received a small claims action where she has raised her counterclaim as a new small claims action against me.
Firstly, she has not responded to my request for payment based on my decree and I'm now in a position where I can take legal action to enforce the repayment of debt. I have had this confirmed by the court.
The sheriff clerk could not answer my question as to if her small claims action was competent.
What are my options?
Should I write to the court with my decree and request that her claim is set aside as it has already been awarded? Or does she have authority to raise an action despite previously losing it?
I took my landlord to court a few months ago after she withheld my last month's rent.
She claimed a counterclaim based on lies about the property condition and for items which I purchased for the property and subsequently took with me.
She attended the pre-trial hearing but failed to show for the full hearing, therefore I was awarded the decree in my favour.
I have now received a small claims action where she has raised her counterclaim as a new small claims action against me.
Firstly, she has not responded to my request for payment based on my decree and I'm now in a position where I can take legal action to enforce the repayment of debt. I have had this confirmed by the court.
The sheriff clerk could not answer my question as to if her small claims action was competent.
What are my options?
Should I write to the court with my decree and request that her claim is set aside as it has already been awarded? Or does she have authority to raise an action despite previously losing it?
