Does anyone know about the law in small claims court?

by admin on March 3, 2011

I asked a question before about my sister and I bought my mom’s house. Just the facts: Our mom was unable to take care of her home. I asked my 8 siblings to go in, and fix up our mom’s house. All but 1 sister said no. So my sister and I bought our mom’s home, so if there was a profit only we would share it. We bought our mom’s house for 100,000, and took over our mom’s mortgage, and in 3yrs we paid her a total of 79,000. We still owed about 21,000 to our mom, and in her WILL stated what we still owed our mom would be split between the 8 siblings. Since my sister and I had the house, we owed the money to our siblings. It was ok, since our the house was valued at 130,000. We each owed 7,500 to the other siblings. Unfortunately the housing market crashed. But my sister believed the house was still worth 120,000, and I thought it was worth 104,000.

So I bought her out. Since we did not agree on what the house was worth, we signed a contract that we both still owed our siblings 7,500 each. I gave her 1,000 as good faith in what I might owe her. But the final amount would be worked out by subtracting the value of the house minus what we still owed on the loan. It turned out we were both wrong, and the value of the house was put at 95,000.

So we lost. My sister is suing me for 10,500 because she believes I should pay her half the money we owed our mom, when she died because I got the house.

My thought is we lost, and since we went in agreeing to split any profit we should also split any loss. As it stands I am out 13,500, and my sister is out 6,500. But she wants an additional 10,500. Which means she would make a profit of 4,000. and I would be out 24,000.

After reading the info above just to get an idea where I am coming from, my question is if my sister does take me to court, do I have to get a lawyer, and if I win, does my sister have to pay my lawyer’s fees. And If I win, would I be able to counter sue for my sister and I be even in the loss of the house?


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    { 3 comments… read them below or add one }

    divot II March 3, 2011 at 6:31 pm

    Almost every amount you mention is too high to be litigated in small claims court.

    laughter_every_day March 3, 2011 at 6:31 pm

    You have no idea of what you are talking about. No, you do not have to hire a lawyer. You are allowed to represent yourself. If you choose to hire a lawyer there are some times in some courts in some sorts of lawsuits that the prevailing party can seek an award of attorneys fees and some courts grant some of those motions some of the time.

    gosam777 March 3, 2011 at 6:31 pm

    ""my question is if my sister does take me to court, do I have to get a lawyer, and if I win, does my sister have to pay my lawyer’s fees.""

    If you or your sister take an Attorney into small claims court as council, you (or her) and the Attorney will be held in contempt of court

    ""And If I win, would I be able to counter sue for my sister and I be even in the loss of the house?""

    You have to counter-sue BEFORE it goes to trial. But yes you can

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