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Dave Kennett
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I am being sued by my sister. she stole over 10,000 dollars

Customer Question

I am being sued by my sister.   she stole over 10,000 dollars from my dad's account in Puerto Rico while he was in a coma and then passed. I am now being sued by her for ridiculous accusations. She claims that my husband and I used her credit card and refused to repay. Allegedly we did so while in Puerto Rico for my father's funeral. My husband never went to the funeral. I am not worried about her accusations as they are not true. I also have 6 brothers and sisters willing to testify on my behalf (all were present at the funeral). The amount of the small claims equals the $2500 I received from my dad's life insurance.   He refused to adopt her and left his house only to his two biological children, my brother and I . I have copies of the forged checks I received from his bank. She also stole all of his documents from his house and took it out of the state including social security cards, credit cards etc. Can I bring this up in my counter suit? How can she sue me in PA ?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 5 years ago.
-Where do you live?
Customer: replied 5 years ago.
I live in NY. Also could all her false accusations be considered defamtion of character.
Expert:  Dave Kennett replied 5 years ago.

Dear daddysgirl - First of all I have no idea why you are being sued in PA if you live in NY and you should file a motion to dismiss the suit. If you want to have the suit dismissed you should not file any counterclaims since that would be submitting to the jurisdiction of the court.

 

It is unlikely that any small claims court would hear a tort action such as defamation since small claims is for money damages on accounts or other debts. You can't counter sue for the various monies that you say she took from your father or his estate since those were not your damages and unless you are an attorney you can't represent another's interest in court.

 

Your best course of action is to make a motion to dismiss and if that isn't;t successful you should defend the suit since it appears baseless. The proper venue for the suit is in NY, not PA so that is the basis of your motion to dismiss.

 

Dave Kennett

Customer: replied 5 years ago.
I can't sue her even though I am his heir? Couldn't I report her for forging his signature on those checks. So she can get away with forging his name because he was in the hospital in a coma and then died.
Customer: replied 5 years ago.
Did I mention that she lives in PA
Expert:  Dave Kennett replied 5 years ago.

You can sue her but an attorney would have to represent the estate since you can't represent anyone but yourself in court. Small claims does not hear cases involving torts so you would have to sue her in a general court for that action. Even though she lives in PA the proper venue is where the defendant lives unless you file a counterclaim. That is why I suggested that you not file a counterclaim since that would be submitting to the jurisdiction of the PA court.

 

You can report her forgeries to the authorities and if the prosecutor wants to accept the charges then there will be a criminal case. This would have to be reported in the jurisdiction where the forgeries occurred.

 

Dave

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Dave Kennett
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