Ask Experts Questions for FREE Help !
Ask
    blr54's Avatar
    blr54 Posts: 2, Reputation: 1
    New Member
     
    #1

    Aug 23, 2007, 10:48 AM
    Being sued in small claims court
    Hello,
    I purchased a mobile home (land contract and I don't even think the contract was legal) in 7-06. I was going through a divorce at that time. I had to land contract because I only worked 2 to 3 days per week and depended on my alimony that was ordered by the court.

    When I moved in, the mobile home was total filth, mold, mildew, insect infested, and the plumbing did not work. I had all of this repaired and replaced the floors, painted the kitchen cupboards because they were beginning to rot. I did many more things to improve living there - like Orkin, etc.

    Every month, the lady I land contracted it from would pound on my door, leave messages on my car, and call incessantly for her payment. I was never more than 3 days late. I was actually fearful of her because she didn't seem to have all of her faculties.

    In February, I found out my exhusband had cancer and was no longer able to pay alimony. I ended up on state aid, we (my daughter and myself) were hungry and had multiple threats of the utilities being shut off. I desperately searched for work.

    Ultimately, I put the mobile home up for sale and no one came through. I had to leave it because I could not afford it anymore. I left the "owner" a nice message stating I had painted and cleaned things up so it is very sellable and she could "flip" it quickly and I also explained I had to leave or I would end up being evicted.

    She is now suing me and taking me to small claims court. Do I have a case here or I should I plan to be "crucified"? I am terrified she is going to win and I have no money. To this date I am still looking for employment and my unemployment ran out.

    I was very disappointed because I tried so hard to redo her mobile home and it really looked lovely... I refurbished it (after putting 2,000.00 down on it, and more of my money until I simply ran out).

    I often wonder if I can counter sue her for extreme harassment? She would never let me alone and as I stated, I was NEVER more than 3 days late with the monthly payments.

    I need some legal advice because I don't have money for an attorney and an attorney is not allowed in small claims court anyway. I am very afraid and need some guidance in this matter.

    Thank you so much.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Aug 23, 2007, 11:40 AM
    First, it depends on the terms of the contract. There should be a clause in the contract that details what happens in case of default. In most Contract for Sale deals, the buyer can walk away surrendering all payments and allowing the owner to resell.

    You don't say on what grounds she is suing you. But even if she does win, without income or assets, all she will win is a judgement against you. She will then need to collect and there is nothing to collect from.
    blr54's Avatar
    blr54 Posts: 2, Reputation: 1
    New Member
     
    #3

    Aug 24, 2007, 07:57 AM
    I asked another question however it was in the business section. I don't know whether you received it or not. Thank you for your reply it was helpful.

    Naturally I am in another quandary. Of course, I always had my husband(s) take care of the money while I raised the kids (I know that's a stupid excuse). I left an abusive marriage and got into another one five years later - in other words - I was and still am financially disabled. I gave each of my husbands EVERY one of my checks that I made while I worked. 5 years ago my exhusband went bankrupt. He said if he went then so am I so he made an appt. with a lawyer and I entered bankruptcy too - but I was forced - and it's too late to report that now.

    I just divorced him and got nothing but a 1999 Toyota. He has a 900 credit score and mine is under 300 points I believe (if that is possible). He makes more than $100,00.00/yr and was ordered to pay me 750.00 a month for 36 months. I am an unemployed - desperately searching for work and worse - I am a 54 year old woman. I only have my three grown children and they cannot help me financially. I have no family and my parents are dead.

    My questions are:

    1. Can I claim bankruptcy since it has only been around 5 years ago that I filed in a marriage?
    2. My unemployment has run out and I am way behind on credit cards to the point that they are beginning to sue me.
    3. An old man was kind enough to allow me to live in one of his bedrooms if I took care of his home.
    4. I believe I cannot get a job because they look at one's credit scores. I know I am paying an astronomical amount of money for insurance due to credit problems, more than a teenage male.
    5. As for alimony he pays only once in a while and now he has cancer and I know I can obtain some of his pension but I do not live in that state anymore and do not know what he doing - retired or working. What can I do about that?
    6. What do I do if I am not allowed to go bancrupt? Do they put me in jail?

    Well, thanks for more of your kind help, as I stated in my other note, this is kind of nice, because when one is alone and cannot afford an attorney to get these questions answers - their you are! Just like big brothers!

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Small claims court [ 1 Answers ]

I have been summoned to small claims court in aug. this is for a credit card debt 2001 with a charge off in 2002. Now an attorney who buys and tries to collect these debts is the one who is taking me to court. What are my options? I am retired and work two days a week to supplement my income. I do...

Being sued in small claims court for an accident that was not my fault [ 3 Answers ]

I am being sued in small claims court for an accident that was not my fault. I was not even hit in the accident, according to police it was a one car accident. A guy that was driving behind me, hit a guard rail because he thought I was turning right not left and went around me on the left, but I...

Can I take this to small claims court [ 6 Answers ]

We had a car that we were leasing. On January 26th 2005 the car was repossessed because we had no insurance on it. It wasn't being driven it was stored while we were looking for cheaper insurance. It was repossessed. We aren't fighting the repo, we are fighting the amount they are charging after...

Small claims court [ 11 Answers ]

Me (Shirley) and my aunt (Margaret) had a cell phone account together but had separate phones, and also she was the primary account holder, I CXL my phone service early, so I had to pay the early cancelation fee, which I paid, now the phone service is calling my aunt saying that bill was not paid,...


View more questions Search