not a countersuit but a completly different trial based soley on the fact that she sued me
2007-09-27 07:47:48 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
The only cause of action you would have would be for malicious prosecution. To have a cause of action for this you would have to prevail in the first suit and be able to prove that the plaintiff had no reasonable expectation that he or she would have won on the merits. This type of counter suit is difficult to win. These laws vary from state to state. Therefore you should speak with a local attorney for detailed advise about your situation.
2007-09-27 07:51:53 · answer #1 · answered by hensleyclaw 5 · 1⤊ 0⤋
Not unless your cause of action is for malicious prosecution. She has a legal right to sue you unless her cause of action is frivolous or malicious in nature and not for the purpose of righting a wrong. You should still be filing it as a counterclaim since it is related to the original action.
2007-09-27 14:54:23 · answer #2 · answered by lechisch 2 · 0⤊ 0⤋
You can sue for malicious prosecution. You would have to win the first suit. Then you would have to show that the suit was pursued solely to do you harm.
2007-09-27 14:57:29 · answer #3 · answered by regerugged 7 · 0⤊ 0⤋
Get a life. Every one in this country is sue happy. I'm gonna sue you for wasting my time by asking a dumb question, hows that?
2007-09-27 14:55:53 · answer #4 · answered by Anonymous · 0⤊ 0⤋
yes if you are found innocent you can.
probably sue her for fraud or defamatino of character.
if she looses, she has to pay for your court costs (usually) but you can sue her for the time you lost from work and money you were not paid, as well as stress and ruining your quality of life.
2007-09-27 15:00:02 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If the suit against you is baseless you can,
but if she has nothing all you win is attorney fees that you pay unless you go to small claims court.
2007-09-27 14:57:55 · answer #6 · answered by Anonymous · 0⤊ 0⤋