Sued by illegal immigrant...

What is the name of your state? North Carolina.

I am being sued by an illegal imigrant over a $500.00 down payment she made on a car 4 months ago which was non-refundable ( It was a verbal agreement.) I held the car as agreed but she is backing out of the deal and wanting her down payment back. - I would sue her for breach of contract.. but....

1. If she wins. I could have a judgement placed against me.

2. If I sued her for breach of contract and won, It doesn't affect her one way or another as she is here illegally and the court couldn't possibly place a judgement against her.

If I won, Nothing would happen to her if she didn't pay me and she wouldn't. but if she wins, I will have a judgement placed against me.

Can I ask the court to treat us both equal? - Its not fair to treat us differently is it?

How can a court be fair about this when the scale is already in favor of someone who doesn't have any legal standing here in the United States to sue someone.

Please help!

The court would be treating you both equally. You seem to think that a judgment would not be levied against her if you won and she lost. It would even though you imply that she wouldn't care about it and you would. This sounds to me as though you were trying to take advantage of her because you know of her illegal status. How sweet of you. The laws apply to you both equally.

Nope....

Ohiogal said:

The court would be treating you both equally. You seem to think that a judgment would not be levied against her if you won and she lost. It would even though you imply that she wouldn't care about it and you would. This sounds to me as though you were trying to take advantage of her because you know of her illegal status. How sweet of you. The laws apply to you both equally.

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What legal standing does an illegal immigrant have to sue someone in the United States?

A judgement levied against her wouldn't be the same as a judgement against me. She is illegal and doesn't have a valid social security number thus no judgement could actually work against her - to me that is not equal.

If the law is as you stated, "apply to both equally" then let me ask you. 1. If I tresspassed on property without permission or authorization with the knowledge that it was wrong, then I would be arrested for tresspassing.

Now, She, on the other hand has not only tresspassed into the U.S. but is using "YOUR" money to take advantage of someone that has permission to live here.

Why is she allowed to do this?

As far as taking advantage of her because of her illegal status.. That is not the case. I didn't know about her status until after the fact or I wouldn't have tried to sell her the car to begin with. I only found out of this within the last few days - This is after someone had some dealings with her and told me their situation.

Legal standing to sue is not based on what nationality someone is nor what country they are a citizen of. Which is why foreign companies can sue and be sued in the US. They are in this country. They do business in this country. Therefore they avail themselves of the laws/rules/courts of this country. Her illegal standing is NOT tied to this case. The facts of the case are the facts of the case and they don't change because she is illegal. There are other ways other than SS number (which by the way many immigrants have obtained) to attach a judgment if need be.