[jay123123]

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 receive such. I took a number of injuries from this room. Anyway to make a
Long story short I kept asking and asking for another room and never did receive 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 receive 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. I am all ears on this issue. Have a great day.

[JudyKayTee]

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. have a great day.

You should have received notification of the Court date by mail. I am not aware of any Small Claims Court that handles these matters by telephone.

I have no idea why the Defendant has not been served.

Answers are given on the board, not by private e-mail. Please don't take your question "off the board."

[ScottGem]

As Judy noted, answers are posted to the thread, not sent direct via e-mail. You will receive an e-mail notifying you that answers have been posted.

You need to ask these questions of the court staff. Only they can answer them. Its possible an initial schedule was prepapred, but because of lack of service it was dropped.

[froggy7]

I know that you didn't ask this... but what are your grounds for the lawsuit? It's a hotel, not a long-term lease. If the room was that awful, why didn't you leave after the first day/week, instead of staying 3-4 months and getting injured?

[excon]

Hello jay:

I suppose it's possible, but in any small claims case I've been involved with, it's up to the plaintiff (you) to make sure proper service gets accomplished. Small claims cases cost very little to file and, in my view, don't include the cost of service.

In fact, the cost of service can't be determined until AFTER service has been completed, simply because one doesn't know how many times the server has to drive to his home, or his business to accomplish his task. In addition, one doesn't know the mileage the server would have to undertake to make a good service.

Now, the court personnel (bailiff, sheriff, constable) ARE available for hire to complete service, but YOU have to hire them. The court does NOT.

Of course, your court may be different... But, I don't think so. Therefore, you're going to have to take care of proper service yourself.

By the way, you can have a friend do the service. You can't do it yourself. Or, just hire Judy.

excon

PS> Again, in any small claims case I've been involved in, simple instructions are provided by the court at the time you file the suit. The instructions I've read, are very clear about who needs to conduct service. Did you not receive instructions??

[JudyKayTee]

Hello jay:

I suppose it's possible, but in any small claims case I've been involved with, it's up to the plaintiff (you) to make sure proper service gets accomplished. Small claims cases cost very little to file and, in my view, don't include the cost of service.

In fact, the cost of service can't be determined until AFTER service has been completed, simply because one doesn't know how many times the server has to drive to his home, or his business to accomplish his task. In addition, one doesn't know the mileage the server would have to undertake to make a good service.

Now, the court personnel (bailiff, sheriff, constable) ARE available for hire to complete service, but YOU have to hire them. The court does NOT.

Of course, your court may be different... But, I don't think so. Therefore, you're going to have to take care of proper service yourself.

By the way, you can have a friend do the service. You can't do it yourself. Or, just hire Judy.

excon

PS> Again, in any small claims case I've been involved in, simple instructions are provided by the court at the time you file the suit. The instructions I've read, are very clear about who needs to conduct service. Did you not receive instructions???

My area allows service by Registered Mail -

And, yes, I'm available to serve the papers. Let's see, round trip air fare, several days in a hotel, meals - shouldn't be too very much.

[twinkiedooter]

I have one question for you... Just WHO did you serve? The corporation or the individual hotel? To properly serve papers on a corporation you need to get the name and address of the registered agent for the corporation and have his office served. You may want to start over and re-do your whole shebang with the proper party to be served. The Clerk's office can mail out the summons and complaint by certified mail return receipt requested. A lot of Small Claims courts allow this. Check the court that you are going to refile in.

[JudyKayTee]

I have one question for you..... Just WHO did you serve? The corporation or the individual hotel? To properly serve papers on a corporation you need to get the name and address of the registered agent for the corporation and have his office served. You may want to start over and re-do your whole shebang with the proper party to be served. The Clerk's office can mail out the summons and complaint by certified mail return receipt requested. A lot of Small Claims courts allow this. Check the court that you are going to refile in.

If you're lucky the Manager of the hotel will accept service on behalf of the corporation - but he/she doesn't have to and may refuse.

[this8384]

What exactly are you trying to sue the hotel for? Reimbursement for your stay? Pain & suffering? How much are you trying to get from them? Like others have said, I don't understand why you stayed for such a long period if the conditions were as wretched as you're describing.

As for the mix-up with the court date, I'm theorizing that the situation is as follows:
You called and asked when the trial was. The clerk of courts informed you that the HEARING was set for a specific date. However, the defendant has to be served in a timely fashion before the matter will be heard; this allows them enough time to arrange their schedule, should they choose to appear in court. Because the defendant had not been served, it was your job to file a continuance. That would have pushed the date ahead, giving you more time to have the defendant served. You did not file a continuance so the hearing was never rescheduled. If you really want to pursue this matter, you need to file the appropriate paperwork showing good cause for not filing the continuance in the first place.