PDA

View Full Version : Civil countersuit


toyabenton
Apr 11, 2012, 09:15 AM
I stayed at a vacation rental. 3 days after I left her house was broken into and her TVs were stolen. The entire house including TV wires window seals and doors were wiped down before detectives could take fingerprints so none were recovered. She says I am liable because I failed to secure her windows before leaving but I never touched the windows so they were at the same level of security when I left as when I arrived. She said I was responsible your replacing her TVs and she could replace them for 1600 but if she had to sue, it would be for 3500. I told her I wasn't responsible for that. She filed suit and immediately took 800$ out of my account without permission. I win the dispute through visa but a month later she sent in new evidence and they took the money back out of my account so I requested the information that she sent in. All of the documents are falsified. She altered the contact with my typed signature. I still have the original that I signed and emailed back. She said I threw a drug party in her home. No one in my family even does drugs or smokes. The humidifier rental to get rid of the ” smoke” for 700$ was rented from her husbands one man real estate business. The 400$ cleaning service is actually hey 21 year old daughter that I called and recorded saying she doesn't clean houses. The re painting and ”repairs” done by her husband totaled 1100$ and the professional linen and drapery cleaner which allegedly cost 600$ was invoiced on a form that misspelled the business name, bit when I located the business based on the address on the false letter head the owner said they don't clean anything, she makes drapes and comforters. The court date is during finals week and also 7 hours away. Since all of her evidence is clearly fabricated am I entitled to countersue for all of my wasted time and stress and travel and illegally taking funds out of my back account? Is so how is this monetary value calculated?

Handyman2007
Apr 11, 2012, 09:29 AM
Make sure you document EVERYTHING. Send her NOTHING. Contact the court and explain that you have finals that week and ask for an extension. I seriously doubt if a judge would not allow one. Make sure when you go to court you have all of you t' crassed and I' dotted. If you can get one of those people that supposedly did work there after you left to testify that they did , in fact ,not do any work or can testify to the conditions,, that would be a good thing. Also take someone from you family to support the fact that no one smokes in your family. Sounds like she has done this all before. I need to ask,, how is it possible for her to withdraw money from an account of yours? Without your specific permission, that would be illegal. Bring that up in court also.

AK lawyer
Apr 11, 2012, 01:15 PM
... She filed suit and immediately took 800$ out of my account without permission. I win the dispute through visa but a month later she sent in new evidence and they took the money back out of my account ...


... I need to ask,,,,how is it possible for her to withdraw money from an account of yours?? Without your specific permission,,that would be illegal. ...

It looks like OP gave them authorization to withdraw money from the Visa account. It's common in the vacation rental industry.

Some states don't allow small claims suits to be brought against non-residents. This case is a good illustration why.