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Family Feud: Taking Your Relatives and Friends to Court

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By: Janice Dantes

 

Divorce is not the only kind of court case involving family members litigating in court. I have handled cases involving siblings unable to agree on the division of a house after their parents have passed away. I have seen relatives disagreeing on how to best care for a newly disabled member of the family. I also have seen friends loaning out money to their friends with the expectation that they would be paid back, but never were.

Suing a friend or relative is incredibly uncomfortable and could cause an end to that relationship. Ask yourself these questions before you pursue a lawsuit against a friend or relative:

1. Is the case worth it? A former client of mine loaned $600 to a friend who promised to pay her back but did not. She was thinking about taking her to court. Please keep in mind that this would cost $368 to open a lawsuit in Cook County and another $60 to serve her friend by the Sheriff. That is already a total of $428 just to begin a case. Her friend will then have to pay $237 in an attempt to fight her on the debt. These costs already exceed the amount of the initial debt and we have not yet included any attorney’s fees. This is also something to be careful with if you are fighting over a property. I have a case where siblings are disputing their share in a property. Whether you own ½ or ¼ of a property, if you exhaust the equity of the house in attorney’s fees, your share will be $0 in the end.

2. Are you prepared to permanently damage your relationship with the other person? Lawsuits can be destructive to relationships – just look at divorced couples who have difficulty co-parenting. The reason for its destructive nature is that you have to air your dirty laundry in public documents. You may also have to put a friend or relative (e.g. someone who is a godparent to your children or member of your bridal party at a wedding) through an uncomfortable or embarrassing deposition or even put them on the stand at trial. To make things worse, you may have to see this person after the lawsuit at family functions after the fact.

3. Have you exhausted all other options? Litigation should be a last resort and not the first course of action. You will not believe how many people want to move directly to a lawsuit without even discussing their matter with the people they are having the disagreement with. Before moving to sue your friend or relative, try talking to them first and seeing if you can work something out. If that does not work, perhaps you can try writing a letter. You can also seek the help of a friend or professional to conduct a mediation or intervention. Try to settle these issues before immediately fi ling suit.

If you have questions about filing a lawsuit against a relative or friend, please contact me at (312) 546-5077 or janice@pinaylaw. com.

Thank you for reading. Until we meet again, love one another.

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