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what is the paperwork to sue for possession of property?
we used to lease a pasture from some people and they called saying they went to a lawyer and got some paperwork to fill out saying we have 15 days to pay them or they would go to small claims court and sue for possession of property.
its for only $200, which I don't agree that I owe it but was willing to pay to get them off my a**. But they were unwilling to give me until the end of the month to pay them. They had given us only 3 weeks to get our horses off their property. And we got them off, leaving some of our property behind. But we're out. Now they want their money, right now,and I'm not sure what this is that they're sueing me for.
1 Answer
- bottleblondemamaLv 71 decade agoFavorite Answer
All they would have to do for them or their lawyer to go to the Small Claims Court clerk, fill out the form indicating why they are suing and what remedy they want from the Court, then pay the filing fee to sue.
In order to win, they would need to be able to prove their case by the preponderance of the evidence. Whether they will prevail will depend on the terms and conditions of any contract signed.
If you are in doubt exactly what the $200 you could call their attorney and ask for an itemization if it is for more than one thing. As you are off the property now, suing for possession back would be moot. If you left personal property behind, they could charge you a reasonable storage fee or if it was junk they had to clean up, a reasonable clean up fee.
If they prevail they can request that they be reimbursed for the filing fee to file the suit and they attorney fees and expenses, which will total much more than $200.
If you think their might be evidence in their favor to win the suit, you might want to counter with a lesser amount that you can afford within 15 days to settle the matter in full and even try requesting until the end of the month and do so in writing and see if they will accept it (but they do not have to).
The worst that could happen is they will say no and file suit at the end of 15 days which they indicate they are going to do anyway, but by trying to negotiate and bargain in good faith will make you look better in Court as you have tried to resolve the matter without going involving the Court.
