Can she really sue?

[legalohio]

My husband's sister won a huge insurance settlement over 10 years ago. (she had a car accident and sued the driver's insurance and won a HUGE settlement)

Then, almost 10 years ago. She gave my husband about $5,000 to get out of credit card debt after he went through a divorce. Now, he is in the oust with the whole family for other reasons (his brother assaulted him..... and my husband was about the 3rd family attack by his brother in the past 2 years) And, my husband pressed charges. Now, the ENTIRE family is seeking vengeance on my husband for bringing the law in. So, his sister is suing him to get the money back. There was no agreement of a loan, or anything like that. She even left a message on our voice mail stating herself that this was a "hand-out" and she was going to sue him to make him pay it back. We have sent her certified letters requesting that she provide us with a copy of a legal binding agreement that was made between her and my husband. Her reply in writing was "it was my understanding that this would be paid back to me".

Fortunately, since she GAVE the money to him, he has told her that anytime that she needed help, he would do whatever he could to help her. And, we have written out several thousands of dollars in checks to her.

Our lawyer says she doesn't have a leg to stand on in any other court that small claims, but small claims is totally up to the judge. Is this true? We know that she is going to drag the entire family in to stand with her. And, more poor husband has no one other than me.

Can she really sue for this??What is the name of your state?

 

[Shay-Pari'e]

Your lawyer is correct.

 

[JETX]

Our lawyer says she doesn't have a leg to stand on in any other court that small claims, but small claims is totally up to the judge. Is this true?

Of course it is NOT true (no matter what 'she' says).
ALL courts, including small claims have to abide by the laws of the state. And, with that, of course she can sue your husband. HOWEVER, she has no case at all. Simply assert the positive defense that:
1) that it was a gift and there was never any agreement to repay the gift.

And there is an even better defense to their claim.... but since you didn't follow the forum rules and provide your state.... we can't give it to you!!

 

[legalohio]

My state is ohio

State is Ohio.

Sorry, But, this was the first time I used this site.

 

[racer72]

The simplest defense would be that the statute of limitaations has expired, it is 6 years in Ohil for verbal contracts.

 

[JETX]

The simplest defense would be that the statute of limitaations has expired, it is 6 years in Ohil for verbal contracts.

Other than it is 'limitations'.... you got it!!!

 

[justalayman]

Other than it is 'limitations'.... you got it!!!

Originally Posted by racer72
The simplest defense would be that the statute of limitaations has expired, it is 6 years in Ohil for verbal contracts.

so racer sssttutterrs when he types, don't hold that against him.

but I'm still trying to find Ohil on my map of the U.S.

 

[legalohio]

Now what?

State is Ohio.

What should he do now if that is the case? (That the statute of limitations is up) Shouldn't the small claims court have told her that when she filed the claim? ... remember, I don't know anything about this stuff. That is why I am on the web posting messages on boards.

And, he and I are both worried that since she has filed a claim that she might have drawn papers up and forged his name to them. She is his sister, so it wouldn't be hard to find something... anything that has his signature on it.

Any advice??

And, thanks for all of your help. You guys have been great.

 

[Ozark_Sophist]

Anyone can sue for anything. It's not the job of the court clerk to give legal advice, so she couldn't have heard it from them. Let the judge tell it to her.

hvae aoynne raed aoubt racersh aubot slelpnig?

 

[JETX]

What should he do now if that is the case? (That the statute of limitations is up) Shouldn't the small claims court have told her that when she filed the claim?

ROTFLMAO!!!
Since when did the court staff become your husbands attorney??

And, he and I are both worried that since she has filed a claim that she might have drawn papers up and forged his name to them. She is his sister, so it wouldn't be hard to find something... anything that has his signature on it.

Any advice??

Yes... If she sues, file an answer asserting what I already said to do.... and now that you have provided the state.... include the expiration of the time allowed for filing such a claim (Limitation on Action).

Then, he needs to show up in court on the day/time set and present his defense against the claim(s).

 

[dcatz]

One small potential problem with both the "it was a gift" and the SOL defense is that the OP says "we have written out several thousands of dollars in checks to her" and doesn't say when.
The checks could reasonably be regarded as repayment of a loan, rather than a "gift" for a "gift", and each could be treated as re-setting the SOL.

 

[racer72]

Other than it is 'limitations'.... you got it!!!

Anybody want to buy a new wireless keyboard? Took me an hour to get it to work and it still has issues. Plugged my old MS keyboard back in and all is good.

 

[legalohio]

Reply

State - Ohio

Yes. That is what we have been told by others. The only thing that stinks is that we have simply helped her when she has needed help. Whether we had it or not. We even time took out a $1,000 loan to give the money to her when she was in need of immediate help.

Anyway, if the SOL doesn't come through, we do at least have a voice mail recording with her specifically calling the money a "hand-out". She even said it herself. Hopefully, it will be submissable in court.

Thanks again.

Signing out