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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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I have been wrongfully accused of fraud. I have been advised

Resolved Question:

I have been wrongfully accused of fraud. I have been advised to hire an attorney to represent me at a deposition. Once proven I am not guilty, can I sue the accuser for attorney fees and lost wages for the time spent dealing with this ridiculous accusation?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 5 years ago.

JB Umphrey :

Thank you for using JustAnswer!

Are you being sued in civil court right now?

Customer:

No. This attorney has filed a counterclaim in a deposition requesting that 2 people be added for fraudulent activities. This has not been accepted or denied by the judge. I think a court date has been put on calendar in April. In the meantime, the attorney has requested a deposition with me.

Customer:

Oops I said that all wrong

JB Umphrey :

Okay.

JB Umphrey :

Care to try again?

Customer:

This is a declaratory judgment case between Jack and Jill. Jack submitted a "release" signed by Jack and Jill with a motion to dismiss the dj. Jill changes her mind and denies signing this release and Jill's attorney comes up with a theory that suzie q and billy bob and jack forged jill's signature and so on and so on. Jack's attorney informs Jack that since Jill is now denying that she signed this release, the judge will not grant the motion to dismiss simply because both parties do not agree and advises jack to withdraw the motion - - im almost done

Customer:

Jack withdraws the motion. Jill's attorney wants a deposition with Suzie Q, Jack, and Billy Bob. I forgot to add in that Jill attorney files an answer to the motion to dismiss that was withdrawn asking the judge to add parties to the case for fraudulent activities and ask for a jury trial...da.da.da Truth is, Suzie Q had nothing to do with ANY of this nor was she aware of the details of this case until she was informed by Jack's attorney that Jill's attorney wants to depose her. Suzie Q is Jack's girlfriend.

JB Umphrey :

At this time, since you're not a party, there is no legal basis to sue for legal fees or lost wages.

JB Umphrey :

If you are later added as a party and the claims against you are dismissed, you can go back and file a motion for attorney fees/cost for having to defend against a frivolous lawsuit.

Customer:

Ok so I dont HAVE to talk to this attorney?

JB Umphrey :

You can go to a deposition alone or you can bring an attorney with you -- it's totally your personal choice.

Customer:

Thank you. Can he depose me before a judge has decided to add me and Billy Bob as a party?

JB Umphrey :

Oh sure.

JB Umphrey :

Good luck and best wishes. I hope that you find this information to be helpful and this answer to be ACCEPTable!

JB Umphrey and other Criminal Law Specialists are ready to help you