How can I take someone to court with no lawyer?

June 7th, 2009 | by admin |

Heres the deal, my brother in law was staying in my home in Mississippi for 2 years. We had a contract in the begininning stating that he was responsible for ALL damages since he was only sending money to the mortgage company and I was making nothing. Recently he left without telling me, after I told him he had to resign the lease or get out, and everything was destroyed or gone. We had a $5000 pool that is missing, there were holes in every room, our new carpets were cut and had stuff all over them, all the windows were spray painted. Insurance won't help me and I come to find out that my house is in the process of foreclosure because he hasn't even been paying the mortgage. I would like to sue for how much we would have sold the house for plus a bit more because it was our home but no lawyers are willing to help me. How can I file a claim in the state of MS without a lawyer? I am losing everything because of these people and everyone is telling me there is nothing I can do.
Insurance did respond and after two months said they were not going to do anything. They found every reason in the book to not pay out and I have filed a claim with MS department of Insurance. I did get the letters of foreclosure and tried everything in my power to save the house but can not afford rent and the mortgage and can't get anyone to make my brother in law pay his past mortgage plus the month he moved out. I did keep up with it but he kept promising he would pay it as soon as he got his bonus and I kept listening like an idiot. I applied for HUD assistance but they advised me that because I can't live in the house (because it is not livable), they could not save it. I am not saying that I was not stupid to have trusted someone because they were family but it doesn't mean that they should get away with it.
I filed a police report but they filed it as a civil matter because we knew them and were allowing them to stay in the house. However I do have the report. I did that right away.

You need a lawyer BAD. If you can't afford one, there are government lawyers who can help you just need to look into that matter in your local government.

You can take someone to court without a lawyer but it's tough. I've done it in small claims court but that's too small for your needs. You need a full blown lawyer in a normal court.

  1. 9 Responses to “How can I take someone to court with no lawyer?”

  2. By dr strangelove on Jun 7, 2009 | Reply

    Only with tennis should this be done
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  3. By cybersharque on Jun 7, 2009 | Reply

    Why would the insurance not respond? Did you advise them the house was rented? Did you blithely stick your head in the sand instead of keeping up to date with your mortgage? And were you not served with papers in the foreclosure suit?

    I would not help you represent yourself because your mishandling of it to date demonstrates that you're not equal to the task.
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  4. By amylovetoteach on Jun 8, 2009 | Reply

    First you should file a police report. The damages are not a result of wear and tear so obviously criminal mischief occurred. He knowingly destroyed your property.

    Second you most definitely can file a small claim by going down the courts and requesting the necessary paperwork.

    There are many computer software programs out there that can walk you through filing paperwork as well. The one that I have used is Perfect Attorney.
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  5. By laylaw on Jun 8, 2009 | Reply

    Check into small claims court
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  6. By Dowahdiddy on Jun 8, 2009 | Reply

    You need a lawyer BAD. If you can't afford one, there are government lawyers who can help you just need to look into that matter in your local government.

    You can take someone to court without a lawyer but it's tough. I've done it in small claims court but that's too small for your needs. You need a full blown lawyer in a normal court.
    References :

  7. By pcbeachrat on Jun 8, 2009 | Reply

    You can simply file in small claims court is about it..You do have a limit of recovery here however, depending on your states allowance cap….. most places are about 60.00 to file..and that can be recovered if you win on top of the suit itself…..You can go online and see if one of the court shows will take this too..One word of advice..don't slect judge judy..you walk in and she decides she dont like you instantly..you won't win regardless of your proof
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  8. By dcdc1211 on Jun 8, 2009 | Reply

    The short answer is that you can represent yourself in court. It is called representing yourself "pro se" (which is Latin for "for self").

    Be prepared to do some homework, however, as most, if not all courts, have many rules regarding filing requirements regarding the content and format of pleadings. Also, you will have to know what causes of action (or claims) apply in your case. (Breach of contract seems to be one of them, from your description.)

    I'm not sure why you're intending to sue your brother-in-law, though — if that is your intent. It sounds like he doesn't have any money, since he wasn't paying the mortgage.

    Perhaps you have a claim against your insurance company, assuming you had a homeowner's policy. I would study the policy carefully before suing, however. The policy might have language in it that excluded the insurance company from liability if the house was being rented out or otherwise not occupied by you. It might also have language that excludes liability for intentional acts — such as painting over the windows, putting holes in the walls, and making tears in the carpeting.

    Frankly, it does sound like you have an uphill battle, and unless your brother-in-law does have money or other assets, I'm not surprised that no lawyer would take this case. Good luck.
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  9. By mikefromspace on Jun 8, 2009 | Reply

    Well first off, you needed to not tell him, but send him a written notice of eviction, nevertheless, you can still sue the insurance company. You should take razor blades to scrape paint off windows, remove carpets, and find someone who can rent it. Get a deposit ofcourse, and hopefully your forclosure isn't soon.. if it's too soon, you don't want to rent it since you would get sued by the renter when they were evicted by the bank. You might try to refinance if possible, or you can sell the house as is, there are many parties that buy houses in any condition working or not. Even after it's sold, you can still sue anyone for damages.
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  10. By Marie K on Jun 8, 2009 | Reply

    Many courthouses offer "pro se" (represent yourself) divisions for specific legal issues, such as divorce, custody, child support. The appropriate forms are provided and the staff can clarify terminology and answer questions about procedure. These services are free. Many states also offer pro bono (free) legal help lines which can give you direction: was this a breach of contract? Do I have a good case to go for an appeal of my social security disability denial? How do I file a tort claim against a state agency? My neighbor's cat ate my canary, what can I do?
    Your state's Bar Directory (often available online) may also include a rotating staff of volunteer attorneys, but remember that these groups select which cases they choose to take on.
    If your case involves suing a person or company for damages, most attorneys take these cases on for a % of the damages received, but they won't take a case they don't think they can win. If the amount is low, there may be a pro se small claims court in which you can represent yourself pretty comfortably (kind of like Judge Judy). States vary on the limits for small claims.
    If it's a discrimination issue, there are various national organizations like Legal Aid, ACLU, National Disability Rights Network, empowered under federal law to address these types of grievances. Google "legal representation for discrimination against persons who are _____" (fill in the blank: Arabic, deaf, bi-polar, over 70, Buddhist, etc.)
    Many law schools also operate Law Clinics staffed by law students which are low cost or free. Check at a law school nearby.
    Hope this helps.
    NOTE:
    If you are part of general group (battered women, native american, drunk driving victim, etc.) you can do a "Google search". You also get it for free (but never the best) if you can’t afford legal service for criminal cases. Otherwise there is none. Any help will always be concluded with but you should consult an attorney. Plus you will be a position of pleasing the free help, let alone pointing out anything about their service. That means I would be more concerned about keeping my legal service than my legal issues.
    For More Information take a look at these sites:

    http://www.legal-advice-library.info
    http://www.austin-texas-lawyers-attorneys-directory.com/austin-legal-services.htm
    http://www.san-diego-lawyer-attorney-personal-injury-dui-car-immigration.info
    http://www.san-antonio-texas-lawyers-attorneys-directory.com
    http://sandiegolawyerforyou.com/san-diego-criminal-law.htm
    http://legal-advice-library.info/blog
    http://www.las-vegas-nevada-lawyer-attorney-legal-injury-defense-directory.com
    http://www.new-jersey-lawyers-directory.com
    http://www.brokerforyou.com/san-diego-real-estate-sales.html
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