Legal Question in Civil Litigation in Michigan
Can my brother-in-law sue me?
I stayed with my sister and brother-in-law for 3 1/2 years between Jan 1998 - July 2001 while I was going to college. They spent for my boarding and lodging at their house during that time. There was no prior agreement between me and them that I will pay toward boarding and lodging during the time. It has now been 6 years since I left their house and have found a job after graduating. Now they are demanding payment upto $50000 for my boarding and lodging and using their car etc., while I stayed there. They are claiming that they will make my life miserable by trying to attach all my possessions toward reclamation of the said amount. Am I bound by law to pay them back anything at all even when I had not entered into any contract written or oral before I stayed with them? It was only at their offering that I lived them for those three years.
2 Answers from Attorneys
Re: Can my brother-in-law sue me?
Am I bound by law to pay them back anything at all even when I had not entered into any contract written or oral before I stayed with them?
No.
Re: Can my brother-in-law sue me?
Your brother-in-law is a peace of work! If you have no signed written contract, you owe him nothing. No competent lawyer would even take his case.
The statute of frauds requires that any contract for that amount of money be in writing before it can be enforced in court.
And even if he could sue you , he likely waited too long. A breach of contract lawsuit must be filed within 6 years of the breach; it has been more than 6 years since July 2001. DO NOT pay them anything, even a dime! That might allow them to argue that you did have a contract. Just ignore his demands. And tell him to go pound sand!
-Tom