Legal Question in Civil Litigation in Washington

Wrong person is suing me

My friend owns a vacant house and told me I could live there for free and I have for over a year. Now his wife has filed a small claims case against me for past due rent. His name is listed as owner of the house. I want to ask the judge to dismiss the case because the plaintiff has no right to sue me. She is not the owner of the house. What is the legal term for ''The wrong person is suing me''.


Asked on 3/03/06, 1:01 am

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Wrong person is suing me

You put it pretty well right there.

The legal term is "Standing". Plaintiff is without standing to sue because she is not the owner of the house. I have won on that argument before.

If you still live there, she's also suing you in the wrong court. Superior Court is proper court for suits regarding tenancies. If you have moved out theoretically HE could sue you in small claims for past due rent, but if there is no rental agreement in writing, and he allowed you to be there for a year (or so) without trying to make you leave, then there isn't a basis for a suit. BE SURE the Court knows possession is at issue - as Small Claims is not the proper court for a suit where a tenancy is at issue.

If your friend will back you up, bring him with you.

Tell the court that the Plaintiff has failed to state a case upon which the court can grant her relief, because she is without standing to sue. GO GET a copy of the deed to the house from the County Recorder's office.

Washington recognizes community property, and there is a chance that the Court will determine that the property is half hers by virture of that doctrine. Sometimes, even property owned by a married person is characterized as separate property, depending on some factors.

The Small Claims Court wants to know this, as its decision is subject to reversal if it is without jurisdiction.

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Answered on 3/03/06, 9:10 am


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