Posted 07 September 2013 - 06:59 PM
Two of my sisters' names were on the deed of my father's house. I did major renovations to get the house ready to be sold with the understanding that the proceeds would be divided between myself and my 5 siblings equally. Well, needless to say, my sister got the check for $28,000 and now does not want to share equally. She made a verbal agreement with me that she would divide the amt of $28,000 equally between myself and her and 2 other siblings. She then gave me a Treasurer's check for $4500 and wrote "final settlement" on the memo on front of check. I crossed it out and cashed it. She is now refusing all of my attempts to communicate because she does not want to give me the additional $2500.Do I have a case in small claims? We had a verbal agreement and I have a witness. Is there a verbal contract if I did not promise anything of value in exchange for the fair share? I already had performed the work on the house last year and the house just got sold this year.
Posted 09 September 2013 - 07:41 AM
Small claims courts were created precisely to deal with claims that fall below an amount set by each state's laws. Sometimes lawsuits are brought in these courts simply for ""the principle"" of the matter. These smaller courts were intended to provide a relatively inexpensive and quick way for litigants to resolve their disputes, and are frequently used to handle disputes involving contracts, landlords and tenants, consumers, and more. To learn more about this topic, you may want to visit the Litigation and Appeals Center: Going to Court and reading Small Claims Court as a good resource. If you need further clarification on your specific situation, you may consider signing up for a LegalStreet plan. With the plan, you have unlimited access to a local lawyer to ask your questions and the plan also offers discounted legal representation should you need it.
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