Filed an eviction, respondent countersued, why was his case heard 1st without eviction

[linda lieder]

Jurisdiction

Missouri

I filed, with an attorney, an eviction for non payment. the respondent filed a countersuit claiming he owned the property. he did not claim this allegation on his initial answer to the eviction, he later claimed this on his 3rd appearance to the courts. I was never given a trial on my eviction towards the respondent but we went to trial for his counterclaim. We have been in courts for 2 years now. My question is why is his counterclaim heard before my claim of eviction. I filed initially, not him, shouldn't he have been evicted or tried for eviction before his counterclaim, has I been done wrong in the system.

 

[army judge]

I filed, with an attorney, an eviction for non payment. the respondent filed a countersuit claiming he owned the property. he did not claim this allegation on his initial answer to the eviction, he later claimed this on his 3rd appearance to the courts. I was never given a trial on my eviction towards the respondent but we went to trial for his counterclaim. We have been in courts for 2 years now. My question is why is his counterclaim heard before my claim of eviction. I filed initially, not him, shouldn't he have been evicted or tried for eviction before his counterclaim, has I been done wrong in the system.

Is there something wrong with the title you hold to the property?

Have you obtained a copy of your deed within the last month?

If not, I'd do that ASAP.

These days people work great magic via the interwebz.

Not much more I can say, other than when you asked your attorney about this, what were you told?

 

[linda lieder]

Is there something wrong with the title you hold to the property?

Have you obtained a copy of your deed within the last month?

If not, I'd do that ASAP.

These days people work great magic via the interwebz.

Not much more I can say, other than when you asked your attorney about this, what were you told?

nothing wrong with the title, I am not sure what his reply was so I am asking a second opinion

 

[zddoodah]

why is his counterclaim heard before my claim of eviction.

When you asked your attorney this question, what response did you receive?

With that said, I assume the answer is that, if this person prevails on his claim of ownership, your eviction claim would necessarily fail. Only if his claim of ownership fails can you proceed with the eviction.

 

[army judge]

We have been in courts for 2 years now.

My goodness, that is baffling.

I only know that complex copyright, criminal, and personal injury cases are often completed in less time.

A simple, garden variety eviction should never take more than a couple of months.

You need to make an appointment with your lawyer and ask for an explanation.

Were you and the other party married, or are you blood relatives?

How did you come to acquire title to the property?

 

[linda lieder]

My goodness, that is baffling.

I only know that complex copyright, criminal, and personal injury cases are often completed in less time.

A simple, garden variety eviction should never take more than a couple of months.

You need to make an appointment with your lawyer and ask for an explanation.

Were you and the other party married, or are you blood relatives?

How did you come to acquire title to the property?

no relation, and the property has been in the family since 2008

 

[army judge]

no relation, and the property has been in the family since 2008

If I asserted a claim to ownership over your property I'd lose rather quickly.

How was the person you're battling able to legally prove his claim sufficiently to trick a judge into granting him title?

Oddest thing I've heard in years.