Posted by Amy (TN) on June 07, 2004 at 12:23:51:
A gentleman did bring the “complaint” by our house and leave it with my daughters, who are 11 and 15 and I dont think they signed anything. Turns out, the plaintiff didn’t sign the original, so he signed an “amended complaint” a month after they filed in court and they want us to answer within 30 days.
The complaint lists 8 things that I didn’t even know existed. 90% of it is falsified, which means it will boil down to his word against ours since he can’t prove we said things we didn’t say. (for example.)
I am still going for the dismissal based on SOL first, if my attorney agrees with me.
SOL on filing civil case? Seller wants to sue us… - Posted by Amy (TN)
Posted by Amy (TN) on June 01, 2004 at 19:01:32:
I was hunting the internet to see if I could find the SOL on a seller suing me for kicking my tenant out (he didn’t buy fast enough-of course we didn’t promise that he would buy by a certain date) and taking the house back the end of Dec '02.
His atty sent mine one asking for $18k the end of July 03. My atty told me to ignore it because they didn’t have a case. I may have to prove that in court, but I figured the “incident in question” was over a year old, and didn’t think they had the ability to do so now.
They sold it 5-30-03, but not before they almost went into foreclosure, because when they took it back they wanted US to continue to make the payments, they refused to do so. Hence, they ruined their credit and want money from us.
We have yet to be served, but I hear it was in our newspaper a month or so ago. Any ideas?
Seller wants to sue us… - Posted by John Merchant
Posted by John Merchant on June 05, 2004 at 14:25:42:
Just make a deal with your lawyer to take care of this for you & file answer IF & WHEN you’re legally served.
It’s doubtful that service/notice by “publication” in the newspaper is actully legal service on you, but just have your lawyer make sure…so no default J is entered against you for your failure to answer as required by your state’s laws.
filing civil case? Seller wants to sue us… - Posted by JohnBoy
Posted by JohnBoy on June 01, 2004 at 20:56:35:
What was in the paper? Some article about it or was it a legal notice about the lawsuit? They may be trying to serve you by legal publication. Do they know where you are? If you can’t be found then they could serve you by posting a legal notice of the suit.
Go to the library and look through the legal notices over the past month. Libraries have all the newspapers and if it was in there you should be able to find it.
You should also be able to find it at the couty courthouse. If a suit was filed it will be on record at the courthouse.
How were they able to kick your tenant out? Didn’t you have a contract with the seller? How were they able to take the house back?
Based on your post it sounds like they got the house back but they had a contract with you to pay up until a certain date. They wanted you to continue paying for the rest of the term of your contract. But since they took the house back you refused to pay any more. Is this what happened? Your post is confusing as to what all happened here.
Did they just decide to take the house back before your contract expired and just showed up and kicked your tenant out? Then since they kicked the tenant out you just let them have the house back? And now they expect you to still pay the remaining months left on your contract?
I’m confused as to how they kicked your tenant out and took the house back.