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 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.