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Wasnt sure about your answer on couter suing her. Can I counter

 
JD 1992's Avatar
  • Answered by:JD 1992
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Customer Question

Wasn't sure about your answer on couter suing her. Can I counter sue for the costs I spend in flying out to San Fran to defend myself, or can I sue for the money we spent renting the place? Is there any way I can just ignore the suit; or respond in writing to the court rather than showing up in person? Do counter suits based "flivirous lawsuits" ever prevail? And if so should I ask for the entire $10,000? Should I get a lawyer to help me?

 

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Country relating to Question: United States
State (if USA): California

Already Tried:
Case is filed in CA I am in NM

Submitted: 316 days and 17 hours ago.
Category: Legal
Value: $25
Status: CLOSED

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Expert:  JD 1992 replied316 days and 16 hours ago.

You can counter-sue for the money from renting the place, for any doctor's bills you incurred, etc. You can't counter-sue for your costs to attend court but you could ask for them to be awarded as sanctions for a frivolous suit. You can also hire a lawyer and file a counter-claim for attorney's fees since you will be counter-suing under a breach of contract/warranty.

Yes, sanctions for frivolous lawsuits can win and it isn't unusual. This sounds like a good case for them.


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Expert TypeAttorney
Category: Legal
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Answered: 7/6/2012

Experience: Began practicing law in 1992

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