South Dakota  |  Civil Litigation

Legal Question

Asked on: 4/08/03, 3:18 pm

Fraud case in Small Claims Court

My son's vehicle ( 69 chevelle in various stages of restoration)was ran into by an individual with no insurance. We had an estimate done by the body shop in our small town and presented them with the bill. They asked to have someone they know do an estimate. This estimate was considerable less. They have no telephone so my husband went to their house, which he had been to many times before since they have no telephone and told them we found the estimate to be unacceptable. We heard no more from them so I filed the claim in Small Claims for the amount of the estimate. She denied the claim and lo and behold attached a ''counterclaim'' requesting $5000.00 in compensation for harassment, trespassing, and attempted fraud. Can you believe??? My question is: Can she do this thru small claims?. Seems to be that would be making her accuser, judge and jury. Do I need to get a Lawyer to go with me that day. The counterclaim is just attached to her notice of denial of our claim. HELP I live in a very small town which has no lawyers, so will have to seek outside help if needed.

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