Is it possible to get a fraudulent small claims suit thrown out before it going to court?

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Is it possible to get a fraudulent small claims suit thrown out before it going to court?

The tenants failed to clean the unit at all when they left, caused damage and left things behind. It took more than there deposit to get the unit back to where it was when they moved in two years ago. I sent them their letter with full itemization, walkthrough report, pictures of the unit when they moved in, pictures of when they moved out, detailed invoices with notices of payment in full, applicable lease sections, and their own assertions that they would return it in the exact condition that they received it in. Now they are taking me to small claims court under false statements that they left the unit in cleaner condition than when they moved in and with no damage despite the letter I sent them with the evidence to the contrary. I just got served today with the initial notice. Is it possible to get this thrown out before having to go to court due to the propensity of evidence on my side and their false statements in the claim? It would be very difficult for me to travel back to CT for the court case.

Asked on September 22, 2016 under Real Estate Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfortunately, there are no motions to dismiss or for summary judgment (which are the mechanisms to dismiss a case before trial) in small claims court. You have to go to trial and present your proof that there is no factual basis for the claim there, in court.


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