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My parents are suing me.

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HMBCMK

Junior Member
What is the name of your state (only U.S. law)? Ohio

I am 22 years old, and have lived on my own since I was 17 when my parents kicked me out of their house. I work a full time job and support myself. For 2 years after I moved out, I helped my parents financially any time they would ask (which was quite often as neither of them work.) Today, I got papers saying that I have to be in court in October because my parents are suing me for over $4000.00.

Here is what they are suing me for: $140 for a cell phone bill that is several years old. This, I admit is money that I do owe my parents. The short story is that they were angry with me, I was angry with them, and I didn't pay the bill. They, in turn, shut the phone off - which they had every right to do - and I should have given them the money for it.

I own 2 cars. They aren't the best cars in the world, but I bought them both and hold the titles to both of them. My parents were without a vehicle early last year, so I let them borrow one of my cars. I continued to pay the insurance because I knew they could not afford it. My other car had to go into the shop for repairs 3 months ago, so I told my parents I would need my other car back temporarily so I could make it to work every day. They refused to give it back to me. Things got ugly, and I called the sheriff's office. An officer accompanied me to my parents house only to find that the car was not there. My father had hidden it and claimed he didn't have it. The officer advised me to report the car as stolen, which I did. My parents admitted then to having the car, but said they had done some damage to it and wanted to fix it before giving it back to me. They supposedly paid $250 to fix the car, and are now refusing the give it back again. They are now suing me for either the title to the car, or $250.00 because they feel that since they paid $250.00 to fix it, it should now be theirs.

The final thing they are suing me for is because I caused them "undue stress" with the whole car situation. They are asking for $3000.00 for their "stress". Plus, they are asking for attorney fees.

I am currently pregnant. It is a high risk pregnancy, and I have to see a specialist every week. My parents are aware of this...and yet they are suing me. I don't have the money to hire an attorney, and I don't know what to do. I am willing to give them the $140 for the cell phone bill, but I don't feel I owe them anything else. I want my car back. I don't feel I owe them for the the car. I pay the insurance on it, was nice enough to let them borrow it, they broke it. Just because they spent $250 fixing it doesn't mean it is now their car. If you break something that belongs to someone else, you should pay to fix it. And I sure don't feel that I owe them $3000 for stressing them out.

Can someone please tell me what to do? :(
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Ohio

I am 22 years old, and have lived on my own since I was 17 when my parents kicked me out of their house. I work a full time job and support myself. For 2 years after I moved out, I helped my parents financially any time they would ask (which was quite often as neither of them work.) Today, I got papers saying that I have to be in court in October because my parents are suing me for over $4000.00.

Here is what they are suing me for: $140 for a cell phone bill that is several years old. This, I admit is money that I do owe my parents. The short story is that they were angry with me, I was angry with them, and I didn't pay the bill. They, in turn, shut the phone off - which they had every right to do - and I should have given them the money for it.

I own 2 cars. They aren't the best cars in the world, but I bought them both and hold the titles to both of them. My parents were without a vehicle early last year, so I let them borrow one of my cars. I continued to pay the insurance because I knew they could not afford it. My other car had to go into the shop for repairs 3 months ago, so I told my parents I would need my other car back temporarily so I could make it to work every day. They refused to give it back to me. Things got ugly, and I called the sheriff's office. An officer accompanied me to my parents house only to find that the car was not there. My father had hidden it and claimed he didn't have it. The officer advised me to report the car as stolen, which I did. My parents admitted then to having the car, but said they had done some damage to it and wanted to fix it before giving it back to me. They supposedly paid $250 to fix the car, and are now refusing the give it back again. They are now suing me for either the title to the car, or $250.00 because they feel that since they paid $250.00 to fix it, it should now be theirs.

The final thing they are suing me for is because I caused them "undue stress" with the whole car situation. They are asking for $3000.00 for their "stress". Plus, they are asking for attorney fees.

I am currently pregnant. It is a high risk pregnancy, and I have to see a specialist every week. My parents are aware of this...and yet they are suing me. I don't have the money to hire an attorney, and I don't know what to do. I am willing to give them the $140 for the cell phone bill, but I don't feel I owe them anything else. I want my car back. I don't feel I owe them for the the car. I pay the insurance on it, was nice enough to let them borrow it, they broke it. Just because they spent $250 fixing it doesn't mean it is now their car. If you break something that belongs to someone else, you should pay to fix it. And I sure don't feel that I owe them $3000 for stressing them out.

Can someone please tell me what to do? :(
Tell them to bring it on. Defend yourself in court.
 

HMBCMK

Junior Member
Tell them to bring it on. Defend yourself in court.
I had planned on that...I just don't know how to defend myself. I have the title to the car, so I know I need to take that to court with me. Plus the bank statements showing that I paid the insurance (and continue to pay the insurance), and also showing that I paid for the tags for it this year.

I know that I need to go into the courtroom and be respectful to the judge and to my parents and that I need to answer the questions that are asked honestly. I also thought about taking a money order for $140. That way I can tell the judge "I have the money for the cell phone bill that I do agree that I owe them."

The papers I got today say that I have 10 days to file an answer with the court. What exactly does that mean? Should I just write something out that tells my side of the story? I'm just really confused and don't know what to expect. :confused:
 

Banned_Princess

Senior Member
Can someone please help me with this? I'm so stressed and don't know where to start. :(
A reply is easy.

just type up your side of the facts, that you agree you owe them the 140 or whatever from the phone, hit each of their other complaints with why you don't owe them money for it, print sign and send. try to keep it brief and factual only.

bring all of your evidence to court with you.
 

justalayman

Senior Member
list each of their claims and then write a response to that specific claim (your defense)

this is in the order you list here. Be sure to list them as they are listed in the claim.

In response to claim #1

$140 phone bill; agree to the claim**

In response to claim #2

ownership of the (manuf/model/year/VIN #)/ claim of $250 for repairs; denial of both parts of the claim;

vehicle is legally titled in respondents name. Purchased by respondent with funds derived from respondents own means of income. There has been no contract entered into with claimants that would demand transfer of ownership to claimants.

the amount of $250 represents repairs the claimant claims to have spent in repairing said vehicle. Repairs were required due to damages caused while the vehicle was in possession of the claimant during a loan for use agreement between claimants and respondent. As such, claimant is liable for said damages and therefor the claim is without merit and denied.



and continue on with each claim. Obviously put in the information that properly rebuts their claim. What I typed may or may not be accurate since I haven't read the complaint.

**
I would suggest sending a certified or cashiers check for the $140 (since you do admit to owing it anyway) via USPS certified, return receipt requested before filing. That way, you can deny that claim as well. If you do this, include the method of payment, date of instrument, method of delivery and if applicable, date received by claimant.

If they win anything, you will likely have a judgment show up on your credit report. If you pay the only valid claim they have before going to court, they should not get a judgment for anything and thereby saving your credit rating.
 

HMBCMK

Junior Member
Thank you SO much for your response! It was very helpful. When I get my response finished, can I post it here to get input on it...to make sure it sounds ok, and that I didn't forget anything that might be important?

Thanks again. I really appreciate the help. :)
 

Isis1

Senior Member
I got to be perfectly honest, maybe it's just me, but if that cell phone bill is over two years old, i'd tell them to bite me
 

BOR

Senior Member
The papers I got today say that I have 10 days to file an answer with the court. What exactly does that mean? Should I just write something out that tells my side of the story? I'm just really confused and don't know what to expect. :confused:
Odd that it is 10 days, as the Ohio Rules of Civil Procedure states this:

RULE 12. Defenses and Objections--When and How Presented--by Pleading or Motion--Motion for Judgment on the Pleadings

(A) When answer presented.

(1) Generally. The defendant shall serve his answer within twenty-eight days after service of the summons and complaint upon him; if service of notice has been made by publication, he shall serve his answer within twenty-eight days after the completion of service by publication.

Does the Summons indicate 10 days??

They are suing for 4 grand to make it more difficult as the jurisdictional limit of small claims is $3,000.00.

The stress factor is without merit, IMO. They can not sue for such in small claims even if under the 3 grand limit, as Ohio SC courts do not entertain such actions.

Did they request a jury trial in the Caption??

An Answer is simply a denial or affirmation of every paragraph and or Cause (s) of Action/Counts. Hand written responses are acceptable if unable to type, but Print very CLEARLY. Check online for that Municipal Court's web site and also read the Local Rules of Court.

Oh, at the bottom of thier Complaint, if they have a Certification of Service, you do the same to thier Attorney of Record and have the Court time stamp your copy also. Have 3 or 4 Printed out.
 
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BOR

Senior Member
I got to be perfectly honest, maybe it's just me, but if that cell phone bill is over two years old, i'd tell them to bite me
They might bite hard, the Statute of Limitations to enforce an Oral Contract in Ohio is 6 years.
 

justalayman

Senior Member
I got to be perfectly honest, maybe it's just me, but if that cell phone bill is over two years old, i'd tell them to bite me
that would only apply with a provider and the contractee. This is not a contract for phone service but for a debt.
 

HMBCMK

Junior Member
Odd that it is 10 days
I looked again, it does say 28 days. I don't know where I got 10 days.

Thanks for your advice. I didn't think the $3000 stress claim had any merit either. It's just stressful to have your parents suing you, ya know? I just don't know what is wrong with them. They are constantly suing people. It's crazy.
 

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