Question #1: My LL has the accounting to show that he applied legal fees and late fees not defined in stipulations to my "rent due". This would be part of my "proof of defense"; can I request that at my OSE hearing or do I need to get a subpoena for the records? What is the procedure for issuing a subpoena to the LL?
Question #2: Does my other documentation need to be certified? If so, can I request time to secure these documents? I was just told today that the court might require that the documents be certified and/or originals. I won't be able to get them before my OSE date.
Details that may help with the answer:
I have a court date in one week, having filed an Affidavit in Support of an Order to Show Cause to Vacate a Judgment Based Upon Failure to Answer, to Permit the Filing of a Late answer and To Place the Case on the Calendar.
I have requested a new trial date based on the fact that I was never served and did not receive notice so that I could appear in court, breach of warranty of habitability and overcharge.
I am willing to pay all or part of the rent the LL claims I owe if I will be allowed to argue the amount at a new trial.
Thank you.