It is never a good sign when a parent feels the need to sue a child or a child feels the need to sue a parent. Many of these cases are dealt with in the civil courts and documents may not be as easy to find, but that doesn’t stop reporters from writing about these instances. Many of these lawsuits are considered frivolous, or without merit. However, there is nothing that stops someone from filing suit there are methods to prevent the issue to going to trial. Normally, if a case is without merit it will be dismissed and that is the end of it. Here are a few instances when the case was not dismissed for lack of merit.
According to news reports the case unfolded like this. A lawsuit was filed in 2017 in Michigan, a man sued his parents for throwing away almost $30,000 in pornography and sex toys. The man moved in with his parents for several months after a divorce, his parents live in Michigan. His parents requested that he not bring those items to their house prior to him moving back in. When the son moved out he requested that his parents would deliver the items he left behind to his new location in Indiana. His parents did deliver most of his belongings, but not the 12 boxes of pornography and sex toys. When the man questioned his parents about the rest of his belongings they admitted they threw most out, but the thought some might be illegal. The man filed a report with the police for destruction of property and the prosecutor declined to press charges. This resulted in the man hiring an attorney and suing his parents. As of December 2020 the news reports that the son won the lawsuit and now it is a matter of determining the amount that the parents would pay.
While this is a sad example, there are merits to the case. The parents did not have the legal right to destroy property of their tenant (as they claimed to be landlords) nor did they have the legal right to destroy the property of their son. This is also a good example that lawsuits are not quickly addressed and that even in the civil courts there are appeals, as the parents appealed the first ruling. The reason for the lawsuit being filed in Michigan is because that is where the parents lived and jurisdiction is based on where the event occurred or where the people who are involved in the lawsuit reside. A lawyer will be able to determine what is the best jurisdiction based on a variety of factors.
According to news reports the case unfolded like this. Around 2010, the parents started an eviction process for their grown son who was living with them, and refusing to work or move out. In 2018, a judge ruled in favor of the parents and told the son he had to move out of this parent’s house with a deadline set. This man also had a lawsuit against Best Buy, which while not directly involved or related to be evicted did show the bigger problem the parents were having with their son. Their son did move out after the court forced the eviction, and no stories have been in the news since.
While this is a strange example of an eviction and family lawsuit, it does bring up the challenges of evicting a tenant who is a family member.
While it is not a good sign that family members have to resort to lawsuits to settle matters, there are plenty of cases between family members in the court system. These are just two extreme examples. If you feel you need a lawyer or the legal system to help settle a dispute with a family member, please contact a lawyer in your area that practices family law.