Legal Question in Real Estate Law in Michigan

Small claims regarding time share

Last year me, boyfreind and sister went to Florida and bought a time share. legally only boyfreind and i are on the title. But sister did agree to pay a third knowing that we could not afford it unless she agreed to pay 1/3. Now she is angry and not wanting to pay up. she did pay 1/3 down and about 5 paymentsand now she is about 5 payments late. if i have a case can i charge her interest on what she owes?

can we take her to small claims here in michgan were we all live.? she has also adondend a camper and lots of misc. stuff at my home. on thanksgiving 07 i told her to get it out of here. she still has not done anything and refuses all letters and phone calls. is it considered abondanded at some point. or can i charge her storage fee's if she does want stuff back???

can i combine all in one case and is it worth my time and money with court fee's.


Asked on 3/18/08, 8:52 pm

1 Answer from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Re: Small claims regarding time share

Yes, you could bring this as an oral contract with the non-paying party, but be able to prove she did make payments and put money down. You can seek up to $3,000.00 in Small claims Court, and you should file in the district court where she lives. Interest cannot be charged unless in writing. Once you have a judgment, you can add judgment interest (currently at approx. 5%)

As to the personal property, you might call the local police department and ask their advice, or you could include it in your small claim coimplaint. Again, you cannot charge storage fees unless she agreed to it in writing. Good luck, Tim Klisz

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Answered on 3/18/08, 10:06 pm


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