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    bigcountry3640's Avatar
    bigcountry3640 Posts: 5, Reputation: 1
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    #1

    Feb 19, 2010, 01:11 PM
    What is the staute of limitations for tenant damages in small claims court
    My son while in college 2004 rented a house. The landlord has claimed property damage. There are a number of names on the defendant list parents of the tennants as well as tennants. Apparently a settlement conference was held in 2006 with no notification. Now a notice of trial has been sent. What is the statute of limitations for this type of action. How do I file a motion to dismiss?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Feb 19, 2010, 01:15 PM

    What state did this occur in... the SOL will be whatever the State law dictates for that state.
    bigcountry3640's Avatar
    bigcountry3640 Posts: 5, Reputation: 1
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    #3

    Feb 20, 2010, 08:25 AM
    Ontario, Canada
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Feb 20, 2010, 09:59 AM

    A statute of limitations pertains to the filing of a case after so many years. It does not prevent a filed case from lying dormant for a long time. So, if you and your son were served with process back then, they can proceed to trial now.

    I find it peculiar that some parents were sued. Does that include you? Did you guarantee the lease?
    bigcountry3640's Avatar
    bigcountry3640 Posts: 5, Reputation: 1
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    #5

    Feb 21, 2010, 08:56 AM
    The rent agreement actually spoke to the rental of a single room for each occupant of the house. It has been so long I can't say that I signed any guarantee. Is there an opportunity to make a motion to have my son and myself removed from the defendants list.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Feb 21, 2010, 10:32 AM

    If it's Ontario Small Claims you appear and testify you are not defendants and give the reasons. Small Claims Court does not accept Motions.
    bigcountry3640's Avatar
    bigcountry3640 Posts: 5, Reputation: 1
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    #7

    Feb 22, 2010, 04:01 AM
    Is it appropriate ti hire a lawyer or paralegal for this. Or defend myself.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Feb 22, 2010, 08:53 AM

    Small Claims Court is very informal - as long as you have proof that you are not responsible for the alleged debt (nor is your son) I'd appear by myself. If the Court system makes you nervous or you are unsure how to proceed, then I would use a Paralegal.
    bigcountry3640's Avatar
    bigcountry3640 Posts: 5, Reputation: 1
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    #9

    Feb 25, 2010, 04:31 PM
    Thanks, I will give it a shot.
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