Greylock52
Junior Member
What is the name of your state (only U.S. law)? NY
Hello all,
This past week I was served by a person who is desperate for funds and decided that I had insulted them and has thus hit me with a $5,000 small claims lawsuit for harassment and defamation.
Oddly, the suit was filed in the nearest city (where I do not live), not our local town (where the incident happened and the person lives), which I think was done to try and up the claim amount from $3,000 to $5,000 or because the other party has had lots of legal trouble in out town already.
I clearly did have an insulting altercation with the person in question. I believe much of it was set up to try and make a law suit like this possible. Everything I ever said was truth, so I really don't see how defamation comes into play. Harassment ... a two minute conversation about a deadbeat doesn't seem to be harassment.
Anyway, a few embellishments and perhaps a few what I think are outright lies on a court complaint and I'm being sued for $5,000. The complaint is full of errors, misspellings and the like and beyond hurt feelings there is no actually physical damages.
I have lots of questions like: can I ask for dismissal for being the wrong jurisdiction? Should I counter sue? I have had to change my schedule and lose some business to deal with this situation. Can I claim damage for my legal fees associated with the case? Can a person even sue for non-physical damages in small claims court in NY? Is there anything I can do if the other party filed a frivolous case or commits perjury in the filings or during the case? Do I have to wait until the case is heard or can I do something beforehand to not waste my or the court's time?
Thanks
Hello all,
This past week I was served by a person who is desperate for funds and decided that I had insulted them and has thus hit me with a $5,000 small claims lawsuit for harassment and defamation.
Oddly, the suit was filed in the nearest city (where I do not live), not our local town (where the incident happened and the person lives), which I think was done to try and up the claim amount from $3,000 to $5,000 or because the other party has had lots of legal trouble in out town already.
I clearly did have an insulting altercation with the person in question. I believe much of it was set up to try and make a law suit like this possible. Everything I ever said was truth, so I really don't see how defamation comes into play. Harassment ... a two minute conversation about a deadbeat doesn't seem to be harassment.
Anyway, a few embellishments and perhaps a few what I think are outright lies on a court complaint and I'm being sued for $5,000. The complaint is full of errors, misspellings and the like and beyond hurt feelings there is no actually physical damages.
I have lots of questions like: can I ask for dismissal for being the wrong jurisdiction? Should I counter sue? I have had to change my schedule and lose some business to deal with this situation. Can I claim damage for my legal fees associated with the case? Can a person even sue for non-physical damages in small claims court in NY? Is there anything I can do if the other party filed a frivolous case or commits perjury in the filings or during the case? Do I have to wait until the case is heard or can I do something beforehand to not waste my or the court's time?
Thanks
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