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Being Sued-- Frivilous Lawsuit?

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JaQuinn

Junior Member
What is the name of your state? MA

I hope this is in fact as ridiculous as it sounds to me.

My roommate and I co-own a dog and are going our separate ways. I told her she can decide if she wants to take the dog or if she doesn't, in which case I'd take him. She told me she did NOT want the dog, but that she also felt as if she deserved $600 in compensation for him. I told her that I would not pay her for a dog that she refuses to take and is, in fact, abandoning, but that in light of her knowing that I will not pay her, she could change her mind and decide to take the dog instead. She refused saying that she was going to sue me (i have received notice from the district court). I have this entire conversation documented via email, including the parts where i specifically state that she can decide to take the dog (and to notify me within the next 72 hours), where I clearly point out that she refused to take the dog, and where I state that I am taking the dog only because she is otherwise abandoning him.

I know for a FACT that she has no supporting evidence, and her sole argument is that she deserves the money. There was NEVER a buyout agreement--either verbal or written.

I don't especially want to have to take care of a dog right, but I am more than willing to take full responsibility for him-- plus he seems awfully attached to me.

It was suggested to me that I countersue her for half the projected cost of the supporting the dog for the rest of his life. In our contract with the breeder which be both signed, it says "the buyer agrees to make a lifelong commitment to the dog, including daily exercise, proper high-quality nutrition, and proper vet care."

I have a letter from the vet with the annual minimum cost of this dog's vet bills. I also calculated the annual cost of his current food. I added these two numbers, multiplied the sum by the minimum average lifespan of this breed (given to my by vet), and halved the value. I then even got an accountant to calculate the present value of this sum and sign off on it. This is the value i plan to countersue for.

Furthermore, there is no way she could have made a profit of the dog if some alternative was taken-- say, try to sell the dog, because our contract with the breeder specifies that this is strictly prohibited and the dog would revert to her (at no cost) should both owners no longer be able to take care of him. I also have an extra signed letter from a local humane society stating that it COSTS money to abandon a registered dog to any no-kill shelter of which they are aware.

Does she have any ground on which to sue me?

Are my grounds for countersuing reasonable? What can I do?

This is not particularly about the money for me but the money will REALLY help me be able to care for this Dog in the way which he deserves to be cared for without forcing me sell my kidney. Also, Does this constitute as a frivolous claim?

Please help me.
 


tranquility

Senior Member
If you get sued, look at the complaint and see what she believe her grounds are. I don't see a suit here, but you have listed the facts to make it seem nonsensical and, while people are often nonsensical, I bet she has some reason. From only what you've said, the suit would be frivilious, but I think it unlikely the other person couldn't come up with something.

I don't see your cause of action and you gave your facts. So, don't file a countersuit as you could be the one liable for malicious prosecution. Any possible contract is with the breeder and you are not in privity to sue as you are not an intended third-party beneficiary.
 

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