Legal Question in Civil Litigation in Nevada
small claims court
I married my husband in July 02 we were together maybe 8 mos before that we were only together for 3 more mos when the home that I owned before we were married where I live with my children caught fire within a week or 2 of that we seperated I have not heard or seen him since the fire on 11/23/02 and briefly in 02/2003 I received a settlement check from the ins co for $30k to repair my home which was turned over to the contractor for the repairs now my ''husband'' is trying to take me to small claims court for $5000 for his personal property. There is nothing to give him I received only approx another $4000 for the personal prop for the damaged items these were my items not his he moronically entered the home the subsequent days after the fire and removed his belongings which he was told by myself, the fire inspector and others not to do. help! oh yeah and he filed taxes married filing joint.
2 Answers from Attorneys
Re: small claims court
This should be decided by the Family Court, not Small Claims.
Re: small claims court
You probably need to file for divorce to cut your losses short and show the Small Claims Court that it does not have jurisdiction over your spouse's claim. If you fail to contest the Small Claims, an adverse judgment may issue and you may lose money and property on account of a default judgment.
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