Dh and I are P-od

Do you guys remember when i told you we wanted to take the previous owners to 'small claims ' court because we want our money in escrow? for those that do not know my situation.. to make a long story short, we had a flood in our basement when we moved in our house from the previous owner 'who caused the flood'in our basement and we had to pull out the rugs, call the people to come and pull out the rugs etc... now we just found out we cant go to small claims court because they are out of state and we have to file for a 'civil court' our lawyer is something else you would think he would 'KNOW' this i guess we are the bornlosers because it's going to be a year we are in our house Next month and nothing is solved... I am so livid. thank you for letting me vent. i know this belongs on the home board but i want to share with you guys and it gets more traffic here.