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Old 10-27-2004, 10:47 AM
jjilli
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countersuing a fraudulent claim


What is the name of your state? IL
I'm being sued for someone else's back rent by their landlord. Because I helped them pay rent a few times he seems to think he'll be successful in obtaining a judgement against me to help pay the back rent. My question is, how successful would a countersuit be for lost time/wages for the day that I'll have to appear in court. He'll cost me at least $300 in lost wages as I'm a self employed business owner and will have to close my store to attend court. I warned him that I'd file countersuit but he is pressing forward with it. I've no worries about a judge entering any kind of judgement against me because I was never a tenant and he has no lease of any kind with my signature on it - I hardly know the guy except that he's done this to people before. I'd just like to know if I could successfully get a countersuit against him for my lost wages that day as I'm really irritated by the whole thing and he could actually be costing me much more than $300 - that's just an estimate using averages. Thanks in advance for any advice!
  #2  
Old 10-27-2004, 02:03 PM
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Why do you need to counter-sue? And on what basis/legal theory would you do so? Why not just file a motion for summary judgment, with an affidavit that indicates that you are not a party to the contract he is suing under and have never agreed to assume the obligations of the original tenant?

And you can ask for sanctions, for his filing a frivolous action, asking for costs and attorney fees and possibly your day of lost wages.
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