QUESTION
Can I take someone to civil court myself?
Asked on May 13th, 2013 on Personal Injury - Florida
More details to this question:
My dad died 6 years ago and left his house to me and my sister. She moved in with the verbal agreement to buy out my portion when she could. Now she is refusing to pay me or leave the house.
15 ANSWERS
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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It appears that you do have a valid claim and a cause of action for a civil law suit. And yes, you can take your sister to court yourself. You can also perform a surgery to remove your appendix yourself, but would you? If you think that the court action against your sister will be any simpler (or any less painful), you are very much mistaken. There is a old saying among lawyers: "The attorney who represents himself has a fool for a client." If that is true, what can be said about a person who represents himself as a plaintiff in a civil lawsuit - without the disadvantages of legal education, training, and experience?
Answered on May 15th, 2013 at 7:24 AM
1 Award
It is usually better to have a lawyer help with a case. A litigant without a lawyer is usually at a significant disadvantage.
Answered on May 15th, 2013 at 7:18 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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You can always represent yourself, although if you are not aware of the law and rules of pleading, you will likely have a hard time doing a proper or effective job. It is always best to hire local Michigan counsel who regularly handle real estate/estate matters to handle your case.
Answered on May 15th, 2013 at 7:10 AM
James Eugene Hasser
Yes. The best place to do that is in Small Claims Court. Good luck.
Answered on May 15th, 2013 at 6:48 AM
Ronald A. Steinberg
Get a lawyer. I promise that if you try to do it yourself, you will screw it up.
Answered on May 15th, 2013 at 5:29 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can, but this is a case that will probably need an attorney. You need to ask the court for an order compelling her to pay you of the rent that should be paid on a similar house and you need an order compelling the house to be sold.
Answered on May 15th, 2013 at 5:14 AM
Thomas Edward Gates
You can take unlawful detainer action by yourself. The required forms are online.
Answered on May 15th, 2013 at 5:14 AM
John Hone
Yes, but your odds are much lower than if you have a lawyer. I would not do surgery on myself.
Answered on May 15th, 2013 at 5:12 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You can but you wont likely get along very well. you need to file a petition to partition the property, sell the house and divide the proceeds either of you can buy the half of the other and that would be the smart thing. The petition process is long and expensive.
Answered on May 15th, 2013 at 4:30 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You have the right to do so, but you will have a much less difficult time of it if you hire a lawyer. For example, what do you know about service of process? What court do you file in? Do you file the pleadings first, or do you serve the papers and then file them with an affidavit? Were there probate proceedings? Has a fiduciary been appointed? Does the Statute of Frauds apply? How about the Dead Man's Statute? Adverse possession? Was the conveyance by will, by deed, or was this just a general understanding between family members? I know, you are afraid of legal bills. But if you want this done right, get someone who knows what they are doing.
Answered on May 14th, 2013 at 10:12 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can, but yours is a complicated case which should be handled by an attorney. You need to bring a partition action, which is not an easy task.
Answered on May 14th, 2013 at 10:03 PM
Workers Compensation Attorney serving Torrance, CA
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Law Office of William S. Lindheim
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If what you say is true and you can prove the oral agreement, then can sue. But can you win? Verbal agreements are hard to prove anyway, and she will likely deny it. Your case will be hard to prove in court. So, as it stands, both of you are owners of the house and she has an equal right to live in it and you cannot exclude her and she cannot exclude you. If you want to sell to a third party, your sister will have to agree to sell it as well before the buyer will buy.
Answered on May 14th, 2013 at 10:02 PM
You do not need to hire an attorney to file a lawsuit in civil court. However, hiring an attorney to assist generally greatly alleviates the burdens associated with lawsuits.
Answered on May 14th, 2013 at 9:56 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, it is possible for you to attempt to take this matter to court on your own, however, your chances of success in reaching your goal will be diminished if you take that course. I would suggest that you hire an attorney, or at least confer with an attorney about what the proper procedures, even if undertaken by yourself, are.
Answered on May 14th, 2013 at 9:56 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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I doubt you would get it done right. I am a civil litigator and I would hire someone myself experienced in real estate work to handle it for me.
Answered on May 14th, 2013 at 9:49 PM