Q: My cousin is taking me to court for an someone else who crashed her car.
She let me borrow her car and someone stole and totaled it. I did a police report and they have footage and now she is cool with the person and says that she is taking me to court if I do not pay her for her car even though I did not do i and the guy you spoke to admitted to it and they are now friends. She filed charges on me but not him..BUT she owes me $5,000 for my settlement money that was put into her account but taken by IRS cause she did not tell me it was a joint account with her fiancee who is prison ad had all things in his name taken. She refuses to pay it back. Also I rented a house out from her with contract and all and she kept increasing the prices with no contract and I did not have any water in the house because the previous bill was in her name and was never paid. With all of this being said, where do I start from here? I want to counter sue her for my $5,000 and rent money but do not know how to get the bank account info of hers. Plus the guy should pay not me.
A:
Whoa! you have five issues here.
On the car--she sues you , you file claim against the thief/driver--called a third party action.
You don't owe her assuming he stole vehicle.
On the others, you have funds go to a joint account, technically an argument can be made that you are pooling the money. You can sue her for that as "conversion."
A:
Whoa! you have five issues here.
On the car--she sues you , you file claim against the thief/driver--called a third party action.
You don't owe her assuming he stole vehicle.
On the others, you have funds go to a joint account, technically an argument can be made that you are pooling the money. You can sue her for that as "conversion."
The rent sue separately.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
