I'm going to be submitting my answer and counterclaim this week. This is what I have so far. (I'm going to omit the evidence for security reasons but it consists of quitclaim deeds, false tax returns, accurate tax returns from a previous year, and plaintiff's bank account records showing all deposits by IRS.)
ANSWER AND COUNTERCLAIM
ANSWER
COMES NOW ******, herein after called “Defendant,” submitting his Answer and Counterclaim in the above styled action denying that any rental payments or vehicle insurance premiums are due, showing this honorable Court as follows: 1. Defendant moved into Plaintiff’s house with girlfriend located at ******, on or about November 6, 2006 and moved out on or about October 7, 2008. 2. Defendant acknowledges that he was informed that there was a verbal rental agreement between Plaintiff and his girlfriend for the above said property in the amount of six hundred dollars ($600.00) per month. 3. On or about February 2007, per the request of Plaintiff, Defendant states that rental payments were made via income tax refunds annually directly into Plaintiff’s bank account for both he and his wife (married on January 20, 2007) in order to cover the six hundred ($600.00) per month rent. 4. Both Defendant and wife made payments via these tax returns for a twenty three (23) month period of residence totaling in the amount of twenty five thousand eight hundred and sixty dollars ($25,860.00). Please see Plaintiff’s bank account records highlighting these deposits, attached hereto as “Exhibit A-1, A-2, A-3, A-4, A-5, and A-6.” 5. Defendant has no knowledge of the Plaintiff ever maintaining an insurance policy to which Defendant was a policy member. Additionally, Defendant did not agree to pay for any insurance to a vehicle titled in Plaintiff’s name.
COUNTERCLAIM
Defendant brings forth a Counterclaim against Plaintiff for monies due by Plaintiff for Conversion, Fraud, and Measure of Damage showing this honorable Court as follows: 1. Unknown to Defendant, Plaintiff converted said property via Quitclaim Deed to Defendant’s wife and his wife’s brother (***names***) on December 28, 2006, attached hereto as “Exhibit B,” therefore voiding any verbal rental agreement between Plaintiff and Defendant and relinquishing Plaintiff’s rights to any rental income. Therefore, Defendant requests full repayment of all rent wrongfully paid by Defendant to Plaintiff in the amount of eleven thousand two hundred thirty six dollars ($11,236). 2. Additionally, in this case, the verbal rental agreement was between Plaintiff and Defendant’s girlfriend. At no point did Plaintiff discuss the essential contractual terms with Defendant; the terms were not specifically precise as to when rental payments were to be made or through what avenue they were to be expected; nor were they set in stone as to if or when the rentable amount was to be amended in the future; therefore making this an unenforceable rental agreement. 3. Plaintiff fraudulently informed Defendant of information regarding his income tax return for the fiscal year ending 2008, showing the following: a. Plaintiff was justifiably reliable in preparing Defendant’s previous year’s tax returns delivering complete and actually filed income tax returns. Attached hereto, please find the fiscal year 2007 tax return as prepared by Plaintiff and delivered to Defendant as “Exhibit C.” b. Plaintiff made false representations to Defendant regarding the actual amount of income tax refund she received from the Defendant’s fiscal year 2008 tax return. Plaintiff provided Defendant with a copy of the tax return for the fiscal year ending 2008 which she claimed to be complete and filed with the federal Internal Revenue Service, attached hereto as “Exhibit D," showing that an amount of one thousand one hundred eighty eight ($1,188.00) dollars was refunded to her. In actuality, and supported by the bank statement attached in “Exhibit A-6” please see the amount refunded to Plaintiff for Defendant’s tax refund in the amount of three thousand one hundred forty nine dollars ($3,149.00). c. Plaintiff delivered an inaccurate income tax return to Defendant with working knowledge that it was both incomplete and not the actual version of income tax return she had filed with the federal Internal Revenue Service. d. Plaintiff delivered this inaccurate income tax return from the fiscal year 2008 to Defendant to induce non action by Defendant. Plaintiff intentionally and knowingly delivered this false return with the intention that Defendant would not speculate any overpayment on his portion of rent, which she claimed was due to her. 4. Due to Plaintiff’s fraudulent actions, Defendant requests full payment for Measure of Damage noting that Plaintiff misrepresented the amount she claimed to be refunded versus the amount she was actually refunded for the 2008 fiscal year tax return, with the difference between the two tax refunds in the amount of one thousand nine hundred sixty one dollars ($1,961.00).
Total counterclaim: $13,197.00 RESPECTFULLY SUBMITTED, this ____ day of ______________, 2010.
Edited by Anonymous (09/20/10 08:31 AM)
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