QUESTION
Do I need a professional lawyer to represent me or can I prove this myself.
Asked on May 21st, 2012 on Real Estate - Colorado
More details to this question:
I have been named/summoned as a defendant in a personal injury (dog biting incident) which occured on 9/25/2011 at a rental property which I now own. However, I did not close on this property until 10/21/2011. I have all paperwork (contracts, closing docuements, etc. to prove this.) On 9/25/2011, I was under contract to buy this property, but the transfer of ownership has not occured. The lawsuit names the previous owners, their bank (it was short sale), the tenant whose dog bit a neighbor and me as the defendant. The tenants where not my tenants, but previous owner''s tenants. They have vacated the property before I became the new owner. Do I need to hire a professional attorney to defend myself or can I do this by submitting all documents and a letter to the clerk of my District Court?
thank you.
1 ANSWER
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First, it is dangerous for someone to try to represent himself in court. There are rules to follow. You do not know the rules. Even though you have the "proof", if not presented properly, you can end up with a judgment against you.
Having said that, I am aware that the claim may not be a substantial claim in terms of money damages. If the matter is in Small Claims Court, it will be quite normal for you to go to court without an attorney - that is what Small Claims Courts are for -- to litigate small claims that do not justify the participation of lawyers and the high cost of hiring them. Such courts do not strictly apply the ordinary rules of court.
Either way, you should be dismissed if you can show the court that it was not your dog and that you did not own the house where the biting occurred. (And, by the way, in most states -- if not all -- a landlord is not responsible for the negligent conduct of his tenants anyway.)
Answered on May 26th, 2012 at 1:06 PM