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What are my defense options for this suit?

Discussion in 'Small Claims & Municipal Court' started by iowa2020, Aug 28, 2019.

  1. iowa2020

    iowa2020 Law Topic Starter New Member

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    Jurisdiction:
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    I am being sued by a family member for $1,149.92. I have yet to respond as I was served a few days ago. I plan on filing a counter claim for 750.08. I loaned this person $2500 this past February to purchase a car, and she has paid me $600, This person wrote me a $1,149.92 check for the purchase of a table and chair that I put on my credit card, as she did not have a credit card but it was agreed that this was to be used as collateral for the car if the loan was not paid off by a certain date. It was not, she is claiming she never gave me permission to cancel the order, and filed suit. Do I need a defense for this action when I go to court as it is a he said/she said situation? Would it matter what I said since this person still owes me $750.08 for payments?
     
  2. army judge

    army judge Super Moderator

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    What is the relationship of the relative?

    Are you above the age of majority?

    You are free to file a counterclaim.

    Do you have any documents to substantiate the alleged sale?

    Do you have EVERYTHING documented by a contract, or is this entire event based upon mental recollections founded predicated by human speech?

    So is the entire affair is based upon the mental recollections of two individuals who are now feuding without any written documentation to memorialize the event?

    You show up in small claims and tell your side of the story to the judge, after the other party has told her/his version.

    Don't interrupt the other party, refer to the judge as YOUR HONOR, SIR, or MA'AM.

    Be polite, turn off your mobile devices, prepare to be TSA-like searched to enter the courthouse (to minimize anything that would set off the metal detector or courthouse deputies), and arrive at least 30 minutes BEFORE your scheduled time.

    Most people named as defendants, preparing to go to trial in a civil suit prepare their defense.

    If you choose not to do so, you might as well as settle out of court.


    Nothing matters if you can't prove it, not just assert, claim, or allege it.

    Something only matters if the judge says it matters.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    See my responses on the other site that you posted on.
     
  4. mightymoose

    mightymoose Moderator

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    You will be best off if you have something you can show to prove the $2500 you have was a loan and not a gift. It you have anything, including text messages, print them out and bring them.
     

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