Unexpected Update - I'm being sued!

msditz00 · July 2013

Yep, my inlaws have stooped to a new low (I am too lazy to link to my old posts, but for those who remember we took in my husband's cousin's daughter due to drug issues, and have had nothing but hell from my husband's aunt ever since).

I just got a certified letter saying that I am being sued for $1800 for not returning M's possessions. For those of you who remember, we found out at court May 1 that our case was dropped and M had to go back to one of her parents. It was verbally agreed upon with M's lawyer, M's mom's lawyer, and M's dad that M would stay with us until May 3, at which time everyone would meet and come up with a plan for M. Until then visitation was to stay the same, which meant M's mom had a visit May 1. She took M and never returned her. We never heard from them again, except to request M's medical card (which I sent back to DSS - she was on state insurance under my name, I called May 2 and told them I no longer had her and sent them the card).

So besides the fact that they just took M, so I had no way to give them back the stuff, they never requested any of it. But the big kicker is they are suing me for stuff WE BOUGHT HER! Such as Mickey ears and a Goofy stocking (that we bought her when we took her to Disney World!). They are also suing for $500 worth of clothes. The only clothes they gave us for M were 18-24 months. She was 2.5 years old when he got her. None of the clothes fit, so I gave them back and we, along with our family and friends, bought her new clothes. They are also suing for things like a special hat my mom bought for M, that she got to wear when my mom took her out (it stayed at my mom's house because I have a naughty dog and we didn't want it to get ruined). Also they are suing for stuff they gave us that they told us came from the trash (literally the local dump).

I am not one to beg for things, but I am seriously considering trying to get some lawyers I know to take on the case pro bono just to scare M's grandmother (they are self represented).

If I wasn't concerned with M growing up and being told I sued for time spent fighting for her, I would totally counter sue for all the time I had to take off from work because they illegally took M from us, and then we had to go to court. They would fall out of their chairs if they realized how many thousands of dollars that would be. But I have more class than that, and would never want M to think that anything we did to help her was just about getting money.

So my advice to anyone in kinship care - watch your back, people are crazy! I really wish I had DCF involved, but I tried and it just wasn't possible with this case.

IRR · July 2013

No words, but sorry you are going through this and GL.

mmmraow · July 2013

I can't remember the last time I heard something so terrible and absurd. I'd toooootally countersue, for something, for pete's sake. It's nice to bite back at people that have been nipping at you for months and months.

msditz00 · July 2013

I agree that it was bought for M and is hers. I think I left out of my original post that the day after they took her, I arranged for everything to be brought to her paternal grandparents' house. They have had it all since I think may 5. M's father wants custody, so I gave it all to them so he has stuff to make a room I couldn't drop it off with M's dad because he was living in a halfway house. Not a place M would be visiting. M's dad has visitation for now, hopefully will get custody. He seems motivated, but with him anything could change...

arbutusbride · July 2013

You may not be allowed to have an attorney at the small claims court but it wouldn't hurt to consult with one to see if you have any legal obligation in the case.

[Deleted User] · July 2013

The user and all related content has been deleted.

msditz00 · July 2013

marshmallowevening:
Sorry you're having to deal with this. Why can't the family members who have her get the things from the family members who have it? Do the ones who have it refuse to give it up?
I know families can splinter, but it kills me when they can't come together for what's best for the child (and her having her things is obviously in her best interest).

M's mother won't have a conversation with M's father. So they haven't gotten the stuff back. And M does have access to the stuff, when she has visitation with her father. M's grandmother is just a money hungry, evil human being. Hence the fact that at least 75% of the stuff on the list is things that she did not provide for M. And the 25% that she did provide she got for free, because she refused to spend her money on M. She sent M to us with virtually nothing and expected us to buy everything.

But now that she has to provide for M it is a problem - to the point where she is suing me for having to take M to the doctor. Because she took her from my house, without saying she wasn't going to return her, and then realized she had no medication for her. She is suing me for the cost of getting her a new antibiotic (the kicker is M is on state care and there are NO CHARGES for any of her medical care. So they paid nothing for the med).

Trippleb · July 2013

I agree with those who feel the things that were purchased for M, belong to M. However, what gets me is that they aren't suing for the return of these items, they are suing for the monetary value of them. I suspect they know that they are at the P. Grandfather's house. Obviously not worried about the sentimental value. Of course they probably realize that used toddler items don't bring a whole lot so they don't actually want the real stuff back. Sorry that you have to deal with this. I am very angry for you. I hope the judge puts these people in their place permanently.

msditz00 · July 2013

jalara48:
Considering everything you've told us I don't see a judge entertaining the suit. Just provide as much physical proof to back up your claim and the judge will see the reality of the situation.
As it was, afterall, they kidnapped M by keeping her against the court's order.

This is what I am figuring. When the court decided I no longer have custody, it went back to both parents. I immediately gave all of her stuff to her father. So I am now out of the equation. The grandmother can't sue me for stuff that is M's.

The biggest proof that this is all about money is the fact that they gave her to me with nothing. She had 3 toys (gender neutral toys at that - they sent with her none of her girlie toys, so we went out and got her a bunch. Not because girls should have girl stuff, but because she WANTED dolls and Hello Kitty things) and clothes that were too small. Yet when I would go to their house there were lots of toys and clothes.

On one hand I want to go to court just to see a judge laugh at her. On the other hand, we have already missed SO MUCH WORK dealing with this situation. It has costs us thousands of dollars in lost work time, court fees, etc (etc. does NOT include things we bought for and M and money we spent on her. I do not regret a single dime we spent to give her a happy and memorable 6 months with us. I am bitter about the money her grandmother cost me by being an unstable lunatic).

Mustardseed2007 · July 2013

msditz00:
Yep, my inlaws have stooped to a new low (I am too lazy to link to my old posts, but for those who remember we took in my husband's cousin's daughter due to drug issues, and have had nothing but hell from my husband's aunt ever since).
I just got a certified letter saying that I am being sued for $1800 for not returning M's possessions. For those of you who remember, we found out at court May 1 that our case was dropped and M had to go back to one of her parents. It was verbally agreed upon with M's lawyer, M's mom's lawyer, and M's dad that M would stay with us until May 3, at which time everyone would meet and come up with a plan for M. Until then visitation was to stay the same, which meant M's mom had a visit May 1. She took M and never returned her. We never heard from them again, except to request M's medical card (which I sent back to DSS - she was on state insurance under my name, I called May 2 and told them I no longer had her and sent them the card).
So besides the fact that they just took M, so I had no way to give them back the stuff, they never requested any of it. But the big kicker is they are suing me for stuff WE BOUGHT HER! Such as Mickey ears and a Goofy stocking (that we bought her when we took her to Disney World!). They are also suing for $500 worth of clothes. The only clothes they gave us for M were 18-24 months. She was 2.5 years old when he got her. None of the clothes fit, so I gave them back and we, along with our family and friends, bought her new clothes. They are also suing for things like a special hat my mom bought for M, that she got to wear when my mom took her out (it stayed at my mom's house because I have a naughty dog and we didn't want it to get ruined). Also they are suing for stuff they gave us that they told us came from the trash (literally the local dump).
I am not one to beg for things, but I am seriously considering trying to get some lawyers I know to take on the case pro bono just to scare M's grandmother (they are self represented).
If I wasn't concerned with M growing up and being told I sued for time spent fighting for her, I would totally counter sue for all the time I had to take off from work because they illegally took M from us, and then we had to go to court. They would fall out of their chairs if they realized how many thousands of dollars that would be. But I have more class than that, and would never want M to think that anything we did to help her was just about getting money.
So my advice to anyone in kinship care - watch your back, people are crazy! I really wish I had DCF involved, but I tried and it just wasn't possible with this case.

I am a lurker, but I wanted to tell you that in my state (TX) lawyers can absolutely represent clients in small claims court and that is true in many states, though small claims courts exist so that people can handle their claims without lawyers if they so choose. Unfortunately since it is small claims court you will have to go to get rid of it. If they'd filed in "real" court it sounds like a motion to dismiss or summary judgment would handle it without having to appear.

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