Legal help for Counter suit...

[Lawhelp1988]

What is the name of your state (only U.S. law)? New Jersey.

Recently a girl took a guy to court because she believed that he that he was prank calling her while she was on the phone with her friend and only while she was on the phone with that friend. The case was taken to court and dropped but the guy was stuck with legal fees. The guy believes that i was the person prank calling the original girl and is attempting to take me to court to pay for his legal fees. I have phone records indicating that i never prank called this person and had no involvement what so ever. I have calls to the friend because i was dating her but my phone records show i never called the girl that accused him of being prank called and verified through my phone company that i was never involved in a 3 way call. The girl that i spoke to on the phone is also willing to submit her phone records and testify in court that it was no me who was doing the prank calling. After proving to the judge that i had no involvement in this will i be able to make a counter claim against the guy suing me for his legal fees? Also the guy keeps harrassing me saying if i pay his legal fees that he will not take this to court, will i also be able to sue him for aggravation?

 

[ecmst12]

Aggravation is worth $0.

 

[Lawhelp1988]

Aggravation is worth $0.

Will i have a valid counter claim for legal fees if this goes to trial? I have sufficient evidence showing i had no involvement with the initial prank calling between him and the girl. Also do i have valid cause to sue him on any other grounds considering he consistently messages me and send me text messages asking him to pay him or he will bring it to court.

 

[latigo]

What is the name of your state (only U.S. law)? New Jersey.

Recently a girl took a guy to court because she believed that he that he was prank calling her while she was on the phone with her friend and only while she was on the phone with that friend. The case was taken to court and dropped but the guy was stuck with legal fees. The guy believes that i was the person prank calling the original girl and is attempting to take me to court to pay for his legal fees. I have phone records indicating that i never prank called this person and had no involvement what so ever. I have calls to the friend because i was dating her but my phone records show i never called the girl that accused him of being prank called and verified through my phone company that i was never involved in a 3 way call. The girl that i spoke to on the phone is also willing to submit her phone records and testify in court that it was no me who was doing the prank calling. After proving to the judge that i had no involvement in this will i be able to make a counter claim against the guy suing me for his legal fees? Also the guy keeps harrassing me saying if i pay his legal fees that he will not take this to court, will i also be able to sue him for aggravation?

To begin, even if you were the guilty caller the person she unsuccessfully took to court would not have a cause of action against you to recover his attorney fees. You would have committed no tort against him. She could have falsely accused and sued dozens of different people, none to whom you would be liable.

His probable cause of action to recoup those costs would have been against her for abuse of process.

Which is the same claim you could assert against him, should he sue you; to-wit a counterclaim for abuse of process/malicious prosecution.

In which case the trial would be bifurcated. The first segment devoted to his lawsuit and if it fails, the second segment devoted to your counterclaim.

______________________________

"Aggravation" is not a word often encountered in the realm of tort law.

 

[Lawhelp1988]

To begin, even if you were the guilty caller the person she unsuccessfully took to court would not have a cause of action against you to recover his attorney fees. You would have committed no tort against him. She could have falsely accused and sued dozens of different people, none to whom you would be liable.

His probable cause of action to recoup those costs would have been against her for abuse of process.

Which is the same claim you could assert against him, should he sue you; to-wit a counterclaim for abuse of process/malicious prosecution.

In which case the trial would be bifurcated. The first segment devoted to his lawsuit and if it fails, the second segment devoted to your counterclaim.

______________________________

"Aggravation" is not a word often encountered in the realm of tort law.

Thank you for the great help. Should he sue me and i file a counter claim for the abuse of process do you believe i would need a lawyer to better represent me in this legal process to explain the law better than what i can? And if so my counter claim would be for the lawyers fees that i would have correct?

Also on a side note do you believe the evidence i have showing that i had no involvement in the initial prank calling case is sufficient enough with phone records from all parties or is that not even relevant in his case against me?

 

[Lawhelp1988]

To begin, even if you were the guilty caller the person she unsuccessfully took to court would not have a cause of action against you to recover his attorney fees. You would have committed no tort against him. She could have falsely accused and sued dozens of different people, none to whom you would be liable.

His probable cause of action to recoup those costs would have been against her for abuse of process.

Which is the same claim you could assert against him, should he sue you; to-wit a counterclaim for abuse of process/malicious prosecution.

In which case the trial would be bifurcated. The first segment devoted to his lawsuit and if it fails, the second segment devoted to your counterclaim.

______________________________

"Aggravation" is not a word often encountered in the realm of tort law.

One last thing and im not sure if this matters but she didnt take him to court to sue him. She took him to criminal court for harassment but on the day of the trial the case was dropped.

 

[LdiJ]

Thank you for the great help. Should he sue me and i file a counter claim for the abuse of process do you believe i would need a lawyer to better represent me in this legal process to explain the law better than what i can? And if so my counter claim would be for the lawyers fees that i would have correct?

Also on a side note do you believe the evidence i have showing that i had no involvement in the initial prank calling case is sufficient enough with phone records from all parties or is that not even relevant in his case against me?

Honestly, he probably isn't going to do more than threaten to sue you.

 

[OHRoadwarrior]

How do you people have so much time on your hands, that you can spend it all wasting court time, at taxpayer expense? You should really consider dating woman with a future and spouse potential.

 

[Lawhelp1988]

How do you people have so much time on your hands, that you can spend it all wasting court time, at taxpayer expense? You should really consider dating woman with a future and spouse potential.

I dont want to spend my time in court hence why i was posting on here seeing if it is likely this will go to court. Also i do not speak to the girl that brought him to court, whatever happened between him and her is between them and i am trying to distance myself from this but the guy is attempting to drag me into it.

 

[latigo]

One last thing and im not sure if this matters but she didnt take him to court to sue him. She took him to criminal court for harassment but on the day of the trial the case was dropped.

Well, then in order for the defendant to recover compensation he would have to file a civil case for malicious prosecution and then be prepared to show that there was no probable cause warranting the filing of the criminal charges. Mere dismissal of the charges does not suffice.

But one way or the other what transpired between them is of no consequences to you.

If this jerk continues to persist in harassing you, pay an attorney to send him a cease and desist under threat of civil/criminal prosecution.

 

[Lawhelp1988]

Again i would like to thank everyone for your help in this matter hopefully this guy does not take me to court, especially for something i had involvement in at all. Unfortunately if chooses to go down that road hopefully fun the information i learned here today i will be able to file a counter claim against him and make him pay for trying to involve me in a case in which i had nothing to do with. Hopefully the judge sees and recognizes that i am speaking the truth after i submit phone records and he is stuck with my legal fees as well as his own from the previous case.

 

[latigo]

Again i would like to thank everyone for your help in this matter hopefully this guy does not take me to court, especially for something i had involvement in at all. Unfortunately if chooses to go down that road hopefully fun the information i learned here today i will be able to file a counter claim against him and make him pay for trying to involve me in a case in which i had nothing to do with. Hopefully the judge sees and recognizes that i am speaking the truth after i submit phone records and he is stuck with my legal fees as well as his own from the previous case.

I know this horse isn't dead yet, but if you keep beating on it it will be.