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Re: I sued my landlady and won: now she might sue me.

Posted by TenantNet on November 08, 1998 at 12:15:27:

In Reply to: Re: I sued my landlady and won: now she might sue me. posted by Philip Kremer on October 26, 1998 at 17:24:38:

: : My landlady withheld $800 of my security deposit, after I moved out
: : in Aug. 1997. She claimed damages which I denied. I sued her for
: : the $800 in Housing Small Claims Court, and won. She motioned
: : to have the case re-opened. We had a hearing today to determine
: : whether to re-open the case. Her motion is granted. So I won.
: Typo: her motion to re-open was not granted. Sorry.
: Can she sue me for those damages in another court?

We don't think so. It can get complicated, but there are legal principles
such as "res judicata" and "estoppel" -- better explained by a lawyer --
that essentially say if it involves the same parties and the same issues,
and it's been fully litigated, then that's that. She can of course appeal
(but you chose the original venue) and she can also, in a different case,
try to explain why those legal principles don't hold. Those principles
would be your first line of defense in a motion to dismiss.

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