Legal Question in Civil Litigation in Maryland
My sister is trying suing for half the proceeds from the sale of my home.
My sister recently went to court and filed a complaint against me stating that we had a verbal agreement which said I would give her have the proceeds from the sale of my home. She and her family had been renting from me for several years. When she heard that I was planning to purchase another home she asked for an emergency hearing and got it . The judge issued a temporary restraining order and injunction preventing me from using any of the proceeds for 7 days. He then continued the order and set a court date. My problem is - Each time I went to the courthouse ,the file seemed to be mysteriously missing and I was not able to see the complaint. I was not able to see the file until the judge had set the court date. I was not given a chance to respond to the complaint, yet the order was issued.My sister had no legal claim to my house. And she is also with holding some personal property of mine in a mini storage and refuses to release it. I have been paying the storage bill to keep them from selling my things. The items were in my house she removed them and placed them in storage because wanted the extra space in the house. What can I do get order rescinded? Also how can I get the court to hear my response to the complaint. Motion?
2 Answers from Attorneys
Re: My sister is trying suing for half the proceeds from the sale of my home.
First of all, your sister was required by court rules to serve you with a copy of the complaint, and unless she can demonstrate proof of service to the court, the case cannot proceed. To prove service, she has to have a certified mail receipt with your signature on it or an affidavit from someone who says they served you with the court papers.
Once you get the complaint you have 30 days to file your answer, in which you admit or deny her claims. You file your answer with the court and give your sister a copy. You can also file a counterclaim with your answer, in which you would demand return of your property that she has stored away. You could also seek money damages-reimbursement for the storage charges and any other losses you've sustained.
In order to prove her claim that you agreed to give her proceeds from the sale of the house, she has to have some pretty strong evidence, to be able to prove the specific terms of the agreement, especially what consideration she gave or promised to you in exchange for your promise.
Handling a lawsuit is complicated, especially when you don't know what you are doing. Since it sounds like a significant amount of money is at stake, you would be well advised to hire an attorney who handles litigation and is familiar with contract law.
Re: My sister is trying suing for half the proceeds from the sale of my home.
It is a little difficult to give much response without knowing more facts and seeing the actual documents that were filed at the court. Given the amount that is at stake, I don't think you really have the luxury of waiting to get legal opinions on-line and then doing things yourself in this matter. You should go right away and get an experienced real estate litigation attorney to assist you in this matter.
You may be losing time and rights every day that you do not hav representation on this matter.
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