Legal Question in Civil Litigation in Indiana
Small Claims Countersuit
I have filed a small claims case against my ex-fiance for enforcement of a co-habitation agreement that we both signed for a house I purchased prior to marriage.
She has filed a counter claim saying that I caused her to spend extra money when she chose to leave the relationship and move out and would like this undisclosed amount subtracted from my claim. How should I try and fight against this as it was her that decided to move out after only 4 days of moving into the house?
Our agreement was for all houseing expenses to be spilt 50-50 and that if the relationship should end that both parties could stay in the house, she wanted this as I purchased the house in my name only and didn't want me to be able to tell her to leave and not have a place to live. I purchased the house in good faith that we had set a wedding date and would be married.
Should I hire an attorney to help recover the money i feel is due me? is it to late to get an Atty after i have already filed and the date is set for May 5th at 9am?
1 Answer from Attorneys
Re: Small Claims Countersuit
Hard to say if you need a lawyer when not sure the amount of the claim. You should know that there is a limit to the money you can get in a small claims case.
As for the counterclaim: tell your story to the judge, that is how it is done in small claims.
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