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masoncity1978

Do I need a defense for this small claims suit?

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I am being sued by a family member for $1,149.92.  I have yet to respond as I was served a few days ago.  I plan on filing a counter claim for 750.08.  I loaned this person $2500 this past February to purchase a car, and she has paid me $600, This person wrote me a $1,149.92 check for the purchase of a table and chair that I put on my credit card, as she did not have a credit card but it was agreed that this was to be used as collateral for the car if the loan was not paid off by a certain date.  It was not, she is claiming she never gave me permission to cancel the order, and filed suit.  Do I need a defense for this action when I go to court as it is a he said/she said situation?  Would it matter what I said since this person still owes me $750.08 for payments?

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Yes, you need to defend against her claim as well as prove your counter claim.

 

If, by some chance, she wins on the 1149.92 and you win on the 750.08 you would owe her 399.84.

 

You need to win on both. In other words, a judgment that you don't owe her 1149.92 and she owes you 750.08.

 

 

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15 hours ago, masoncity1978 said:

Do I need a defense for this action when I go to court as it is a he said/she said situation?

 

You obviously have a defense since you outlined it in your post, so what exactly does this question mean?

 

 

15 hours ago, masoncity1978 said:

Would it matter what I said since this person still owes me $750.08 for payments?

 

What you said when, and to whom?

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