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Countersue in NH small claims

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hwkkix

Junior Member
What is the name of your state (only U.S. law)? NH

I have recently been sued for "stealing" motorcycle parts out of my deceased fathers garage (motorcycle business) though I have notified the other party a number of times I do not have them. The proof this person has is a receipt from 2003 for the purchase of the parts from my father and perhaps my stepmothers testimony that the parts were still present in the garage on the day I removed my possessions from the garage. This "theft" was investigated by the NH State Police and closed without action, I believe an insurance claim was filed and subsequently denied In a related court case the other party testified to having no evidence of my having taken the parts. His last resort is to sue me in small claims court as I've finally asked that he stop referring to my having stolen from him.

There is no proof to my having teken the parts as they were not present on the day I removed my possessions from the building.

I no longer live in the town where this "theft" was to have taken place but I do have friends and family there so I visit frequently. I find myself having to answer to these charges though they are unfounded. Considering I am already having to go to court to defend against the theft I am considering a countersuit for defamation. Both the other party and I are professionals and I feel very strongly about my character and the damage this may do if it has not already. Beyond this the damages I'd be seeking are for the cost of dealing with such nonsense.

Is there advice on defending against his initial suit as well as whether or not I should and how to bring forth a counter claim?



Thank you in advance for your time and consideration in this matter.
 


I don't think you'd prevail on the defamation case as posted. The other party obviously believes you did it. What damages are you claiming for defamation?

Are you being sued for the theft or is it a criminal case? If it's civil I don't know how good his chances would be - it depends who the court believes. Criminal cases have a higher requirement for proof.
 

hwkkix

Junior Member
Damages. Yes. Besides the time from work for me and my witnesses the only real damages are aggravation and a very real concern it has affected my reputation at work due to other parties wife telling others I have done this. We work for a fortune 100 company and reputation matters. I believe it can negatively affect me in movement within my company.

This was reported to the local authorities as well as state. The issue is that the receipts are over 6 years old and anything could have happened to them. I'm thinking the attempt is to cash out on some worthless stuff while he can. This is why I thought of defamation. Would any "reasonable" person leave their property at a repair shop for 6 years?

Randall, thank you so much.
 
Damages. Yes. Besides the time from work for me and my witnesses the only real damages are aggravation and a very real concern it has affected my reputation at work due to other parties wife telling others I have done this. We work for a fortune 100 company and reputation matters. I believe it can negatively affect me in movement within my company.
Well, speak with a local attorney and get their take on it. Has it demonstrably affected your movement within your company? If you feel you can prove it then by all means take it to court. I don't have the crystal ball :)

This was reported to the local authorities as well as state. The issue is that the receipts are over 6 years old and anything could have happened to them. I'm thinking the attempt is to cash out on some worthless stuff while he can. This is why I thought of defamation. Would any "reasonable" person leave their property at a repair shop for 6 years?

Randall, thank you so much.
A defense to defamation is that the party believed they were telling the truth. The police doesn't believe there was enough to proceed but the individual may believe you did it.

It'll come down to credibility in court and who the judge believes. Best of luck
 

quincy

Senior Member
Actually, a defense to defamation is not that you believed what you said was true (at least, it is not a defense that would generally fly). Truth is a defense.

I can say I believe you are a rapist, and honestly believe it, but if you are not a rapist and I have no proof that you are, what I have communicated is false, reputational harm has been done, and I would probably lose a suit filed against me.

Edit to add: If the accusations of theft are confined to the complaint filed against you, you cannot use these statements to support a defamation suit. If the other party has communicated to others in your community that you are a thief, however, then you may have the basis for a suit.
 
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