What is the name of your state (only U.S. law)? Michigan
Okay here goes:
I recently was served papers along with my wife and brother we are being sued, or I should say we are all defendants in a civil case for $1000.00. Problem is neither myself or my brother owe Plaintiff anything and even the Plaintiff stated it in her civil case attachment to the court. Only my wife owes her. She filed an attachment with her claim and right from the beginning she lies about the case. My wife sold her snowmobile to her friend which at the time was the Plaintiff's fiance', but Plaintiff claims she bought the snowmobile because we were in hard times and needed money. None of this being true. The Plaintiff and fiance' broke up and Plaintiff was trying to resell the snowmobile because apparently she said her money paid for it, though I don't know exactly what was discussed between the Plaintiff and her fiance' only they know that. I only dropped the snowmobile off for my wife to the fiance' and he paid for it. So my wife and her were talking she said if my wife wanted it back she would sell it back to her for what her fiance' paid for it. My wife told her she didn't have the money and the Plaintiff replied she didn't care, pay whatever she could, whenever she could. There is text messages from both of them to prove it and Plaintiff states it in her Attachment for the case. I on the other hand had nothing to do with this at all. I never sold the sled and I never agreed to re-buy said sled. My brother was only involved because her fiance' had to ask him to cash the check he had to pay for the sled, it was a check the Plaintiff had left according to the fiance' because Plaintiff didn't make it to the bank. My wife has already given the Plaintiff money *thankfully it was in money orders*, but Plaintiff states she hasn't seen any money. Plaintiff became irate after 26 days of reselling sled because she demanded $400.00 dollars all of a sudden and my wife told her there was no way. Plaintiff responded either pay me or give me the sled back. Well they had an agreement, which was all verbal. It was whatever she could afford whenever she could afford it. My wife told her she would try to give her $50 dollars a month, but when she first tried to give her $50 dollars 26 days after she bought it back from Plaintiff is when Plaintiff became irate and demanded the $400 and told her she didn't want only $50. So my wife just mailed the payments to her. They were never returned.
SO, my question is. What exactly can we all do? Can my brother and I counter-claim her for listing us as Defendants and basically stating we owe her the money even though we don't and never did. Her own words state that. I had to take the day off of work and the mileage to the court house is quite a distance. My wife has already submitted her answer, which clearly states she knows she owes the money, but demands answers as to why Plaintiff lied about the whole case including who originally purchased the sled. I personally don't understand why you would lie about stuff like that, I would think that you would want to admit all the truth. It doesn't matter who originally purchased the sled because of claim being about the reselling of the snowmobile, maybe I am just different than others.
Really looking for some help here please. Thank you all for your time.
Okay here goes:
I recently was served papers along with my wife and brother we are being sued, or I should say we are all defendants in a civil case for $1000.00. Problem is neither myself or my brother owe Plaintiff anything and even the Plaintiff stated it in her civil case attachment to the court. Only my wife owes her. She filed an attachment with her claim and right from the beginning she lies about the case. My wife sold her snowmobile to her friend which at the time was the Plaintiff's fiance', but Plaintiff claims she bought the snowmobile because we were in hard times and needed money. None of this being true. The Plaintiff and fiance' broke up and Plaintiff was trying to resell the snowmobile because apparently she said her money paid for it, though I don't know exactly what was discussed between the Plaintiff and her fiance' only they know that. I only dropped the snowmobile off for my wife to the fiance' and he paid for it. So my wife and her were talking she said if my wife wanted it back she would sell it back to her for what her fiance' paid for it. My wife told her she didn't have the money and the Plaintiff replied she didn't care, pay whatever she could, whenever she could. There is text messages from both of them to prove it and Plaintiff states it in her Attachment for the case. I on the other hand had nothing to do with this at all. I never sold the sled and I never agreed to re-buy said sled. My brother was only involved because her fiance' had to ask him to cash the check he had to pay for the sled, it was a check the Plaintiff had left according to the fiance' because Plaintiff didn't make it to the bank. My wife has already given the Plaintiff money *thankfully it was in money orders*, but Plaintiff states she hasn't seen any money. Plaintiff became irate after 26 days of reselling sled because she demanded $400.00 dollars all of a sudden and my wife told her there was no way. Plaintiff responded either pay me or give me the sled back. Well they had an agreement, which was all verbal. It was whatever she could afford whenever she could afford it. My wife told her she would try to give her $50 dollars a month, but when she first tried to give her $50 dollars 26 days after she bought it back from Plaintiff is when Plaintiff became irate and demanded the $400 and told her she didn't want only $50. So my wife just mailed the payments to her. They were never returned.
SO, my question is. What exactly can we all do? Can my brother and I counter-claim her for listing us as Defendants and basically stating we owe her the money even though we don't and never did. Her own words state that. I had to take the day off of work and the mileage to the court house is quite a distance. My wife has already submitted her answer, which clearly states she knows she owes the money, but demands answers as to why Plaintiff lied about the whole case including who originally purchased the sled. I personally don't understand why you would lie about stuff like that, I would think that you would want to admit all the truth. It doesn't matter who originally purchased the sled because of claim being about the reselling of the snowmobile, maybe I am just different than others.
Really looking for some help here please. Thank you all for your time.
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