What actions can I take for someone filing a false small claims law suit on me?

Question

I have proof the claim is false.

Answer 1

A counterclaim if you suffered damage. A criminal misdemeanor complaint (possible in a few states) for perjury. DO NOT attempt a chain saw massacre.

Answer 2

In most states, you only option would be to show up and defend against the. Laws vary by state, but small claims is designed to be quick and informal. Here in California, you cannot sue someone for filing a frivolous small claims lawsuit and I suspect that to be true in most other states. However, you should really consult with a local attorney because of the people who answer these questions are not attorneys. I often see very bad or speculative answers here.

Answer 3

Depending upon which jurisdiction (state) you are in, your oprions will vary. Most states consider allegations contained with a pleading in a judicial matter (the small claims complaint) to be free from a claim for libel or defamation. Howveer, if this is really a false claim and the information that it is a false claim is int he possession of the person bringing the claim (at the time the claim was filed) you may be entitled to damages for his bringing a frivolous law suit. This could include the value of your time, any costs you incurred in defending the action and any amount that the court thinks is appropriate as a sanction against the person who brought the frivolous action. be aware, however, that judges and courts very rarely award damages (actual or punitive) for frivolous litigation.

Your best position is to prepare to defend yourself with any proof you have. Appear at court on any assigned date and be ready to proceed. In small claims court, the rules of evidence may be somewhat relaxed, but you still have to submit proof. Try to get witnesses to show up and if you can't. get sworn affidavits which may (or may not) be sufficient. However, if you have affidavits and they are deemed insufficient, you can ask for an adjournment to bring those same witnesses in, in person. (You may have to subpoena them.)

Answer 4

Make sure you file a written response and/or appear in court on court date with your proof, else the plaintiff will have a default judgment against you. If you're in Texas and the lawsuit contains defamation, you can also sue for defamation in the county court using plaintiff's small claim filed suit, plus damages such as loss of income (if you took time out of work because of the fraudulent suit) and cost of suit and/or attorney fees (if you had to consult an attorney and have the bill). It's sad, but sometimes the only way to combat such individuals is to simply take them to court. Good luck!

Answer 5

First, it relies upon on what state or united states of america you're in. contained in the u.s., there is not any tort commonly used as "defamation of personality." really, it really is portion of yet another tort commonly used as libel (written) or slander (spoken). In maximum states, both require evidence of one million) a fact of truth 2) not opinion 3) it really is pretend 4) that has a tendency to defame your personality 5) it really is heard through others 6) it really is assumed and 7) that ends up in tangible monetary damage to the plaintiff. it isn't a criminal offense. In some states it can be heard in small claims courtroom, if the damage is mild. In maximum states, it can be filed contained in the courtroom of standard jurisdiction. If there's a unmarried be conscious in this answer that you do not thoroughly understand, then you truthfully are incapable of handling it your self and would favor an criminal professional.

Answer 6

Not much... In our country, you can sue anyone for anything... but this does not mean it won't get thrown out. Get a good judge and they will make the other guy pay court costs including lawyer fee's.

Answer 7

If you can afford $26 a month, I can show you how to have an attorney help you and answer your questions. If you want more information, contact me at [e-mail].

Answer 8

Counter sue

Answer 9

You defend the case. If it is frivolous, depending upon your state's rules, you may have a claim for your fees & expenses.

Answer 10

Follow the history of your country. Invade their home land, kill them and take all their resources and then say you were just trying to liberate them.