Posted by Marie on 3/17/10

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I have a small claims case for damages caused by an
apartment maintenance worker. Initially, I tried to sue
the company listed on my lease, however, I was unaware of
resident agents and did not have the resident agent listed
on the suit. The judge simply stated that the company
listed on my lease was not the responsible party, so I
pulled the tax records which contained the name of another
party. I then went to court against the company that pays
the taxes on the property. I was told by the Judge that I
did not have enough evidence against this company because
the tax map that I presented did not display the street
address of the building where I resided, only the address
of the management office. The judge said that I could sue
the company listed on the lease and told me that I could
come back and sue the party that pays the taxes within 30
days. I refiled the case and added the company listed on
my lease, so that I could sue the two parties together. I
have a tax record as well as a tax map which I feel that
toghether prove that this is the company that pays the
taxes. I want to sue the two companys together in order
to establish the responsbile party and assign damages. I
received Intention to Defend Notices by both parties,
represented by the same attorney. However, today I
received a notice that the company listed on my lease, the
main party that I feel is reponsible, was not able to be
served by the Shefiff and that the case against that
defendant will not go to court.

My question is, how can I receive a notice that states the
defendant has Intention to Defend and then receive a
notice that the same defendant was not served and the case
will not go to court? I am considering not appearing at
this point because I was also told by an attorney that I
should be suing the companay listed on my lease-which will
not be appearing. I would like to know, should I still go
to court against the the sole defendant-the company that
pays the taxes and is there anything that I can do to
postpone this case and make a re-attempt to try the two
defendants together?

Any suggestions will be greatly appreciated.

Landlord Tenant , 3/17/10, by Marie.

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