Do I have a case?

[Bele Chere]

What is the name of your state (only U.S. law)? NC

My brother and I inherited a large piece of land several years ago. Every year we both paid equally on the county property taxes. The land was divided over a year ago, after several attempts by my brother to take what was suppose to go to me ( he lost in court each time) but not before the tax was due, so again we each paid half. Also, last year the land was annexed in to the city and so we each paid half of the city property tax, as well. Because of the annexation, we were paying twice for fire district, etc. and were due an overpayment refund.
My brother, has tried several times to cheat me, so I contacted the city tax dept. I learned that he had changed the address of record to his and recieved the refund check 3 months ago....made out to xxxx xxxx, Heirs. He will not give me my half of the refund. Do I have a small claims case here?
What if I win and he still won't pay. He doesn't have a job, but makes a large income off of the rentals on the property.

 

[Ohiogal]

What is the name of your state (only U.S. law)? NC

My brother and I inherited a large piece of land several years ago. Every year we both paid equally on the county property taxes. The land was divided over a year ago, after several attempts by my brother to take what was suppose to go to me ( he lost in court each time) but not before the tax was due, so again we each paid half. Also, last year the land was annexed in to the city and so we each paid half of the city property tax, as well. Because of the annexation, we were paying twice for fire district, etc. and were due an overpayment refund.
My brother, has tried several times to cheat me, so I contacted the city tax dept. I learned that he had changed the address of record to his and recieved the refund check 3 months ago....made out to xxxx xxxx, Heirs. He will not give me my half of the refund. Do I have a small claims case here?
What if I win and he still won't pay. He doesn't have a job, but makes a large income off of the rentals on the property.

You have a case in small claims court depending on how much your portion is. Also if he doesn't pay you could ask for a lien against his portion of the property or his property.

 

[HomeGuru]

What is the name of your state (only U.S. law)? NC

My brother and I inherited a large piece of land several years ago. Every year we both paid equally on the county property taxes. The land was divided over a year ago, after several attempts by my brother to take what was suppose to go to me ( he lost in court each time) but not before the tax was due, so again we each paid half. Also, last year the land was annexed in to the city and so we each paid half of the city property tax, as well. Because of the annexation, we were paying twice for fire district, etc. and were due an overpayment refund.
My brother, has tried several times to cheat me, so I contacted the city tax dept. I learned that he had changed the address of record to his and recieved the refund check 3 months ago....made out to xxxx xxxx, Heirs. He will not give me my half of the refund. Do I have a small claims case here?
What if I win and he still won't pay. He doesn't have a job, but makes a large income off of the rentals on the property.

**A: how much $$$$ are we talking about?

 

[Bele Chere]

The overpayment refund was just under $500. My share would be one-half, since I paid one-half of the tax bill.

 

[Bele Chere]

What happens next?

I sent a cetified/return reciept letter 18 days ago to my brother asking for my half of the refund, giving him 10 days to do so and informing him I would take further legal action. As expected, he has ignored my request.
I think what will happen is that after I file the Small Claims Court case and he is informed by the Sheriff, my brother will send a check to me and consider it case closed.
My question is...if my brother sends a check for the correct amount will the case still be heard in court?
Should I even accept the check, since I will be asking for the reimbursment of my filing fees of almost $100 from him in addition to the $247 for my half of the property tax refund he took?