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I recently lost a case in small claims court. I plan on appealing the judges decision... while in small claims court the individual that sued me made numerous defamatory statements about me to (directed to both my wife & the court) including but not limited to infidelity and fraud.... all of these statements were meant to present a bad image of me to both the court and my wife. Not only are these statements of fact ( none of which he can prove) but they also had nothing to do with the case that was being argued. Can I file a countersuit for slander with my appeal or do I need to file a completely separate lawsuit

Submitted: 18 days and 18 hours ago.

Category: Legal

Value: $18

Status: CLOSED

State/Country relating to Question: California

Accepted Answer

No you cannot file a counterclaim now as the trial is over. You can appeal only the fact that you lost. If you want to sue your adversary, you would need to initiate a whole new action.

Accepts:
Expert:	D. WINOGO ESQ.
Pos. Feedback:	98.5 %
Answered:	11/2/2009

Attorney

8+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator

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State/Country relating to Question: California

Accepted Answer

No you cannot file a counterclaim now as the trial is over. You can appeal only the fact that you lost. If you want to sue your adversary, you would need to initiate a whole new action.

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State/Country relating to Question: California

Accepted Answer

No you cannot file a counterclaim now as the trial is over. You can appeal only the fact that you lost. If you want to sue your adversary, you would need to initiate a whole new action.

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