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Posted by Dayann on August 01, 2001 at 03:14:36:

In Reply to: Costs and Fees posted by Jen on August 01, 2001 at 03:08:41:

Don't hold me to any of this because I'm not a lawyer, I just like to read a lot.

I think you have to go to small claims because HP actions are all about repairs and the judge isn't going to want to hear about money damages. You might want to wait until the LL evicts you, which he's probebly going to do since youre suing him, and then see if you can get your money back in the form of a rent abatement, but I'm not so sure the Court will honor the request for fees because the argument might be that you could have chosen to leave if conditions were that bad but you stayed and sued and therefore it was your own choice to take on the costs of the lawsuit.

Like I said I could be wrong. Your best bet is to ask a lawyer. Try one of those free or low cost consultations just to touch base with someone who knows how this works, if anything you will feel a lot less nervous when you walk into court, and you'll know some of the legal language you need to use when you ask the judge for your money back.

Good luck.

Follow Ups:

• Re: Costs and Fees Lilly 08/01/01 (1)
  • Re: Costs and Fees -- But, Lilly . . . Dayann 08/01/01 (0)

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Comments:
: Don't hold me to any of this because I'm not a lawyer, I just like to read a lot.

: I think you have to go to small claims because HP actions are all about repairs and the judge isn't going to want to hear about money damages.  You might want to wait until the LL evicts you, which he's probebly going to do since youre suing him, and then see if you can get your money back in the form of a rent abatement, but I'm not so sure the Court will honor the request for fees because the argument might be that you could have chosen to leave if conditions were that bad but you stayed and sued and therefore it was your own choice to take on the costs of the lawsuit.

: Like I said I could be wrong.  Your best bet is to ask a lawyer.  Try one of those free or low cost consultations just to touch base with someone who knows how this works, if anything you will feel a lot less nervous when you walk into court, and you'll know some of the legal language you need to use when you ask the judge for your money back.

: Good luck.


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