What is the name of your state (only U.S. law)? Residing in Georgia, Case in Florida
I have been sued wrongfully. Accused of stealing from an older man.
Older man was married to my wife's birth mother ("mother in-law") for about two years (wife's birth father passed away a long time ago and so her mother was a widow prior to getting married to old man). Older man and "mother in-law" got a divorce after those two years of marriage. "Mother in-law" didn't take anything from old man just wanted peace of mind and clean divorce. After their divorce, older man sued me and my wife saying that I bought gift cards using his credit cards while he was married to my mother in-law. Mother in-law did buy gift cards I suppose but that was between him and her, not involving me or my wife. Older man stated he had proof of gift card purchases on his credit card, which is fine because he can get his credit card statements, but there is no proof it was me physically which he is accusing me for. He has reason to believe it was me because he has (1 or more, I don't know how many times my mother in-law purchased gift cards) transactions saying the gift card(s) was/were bought in the city/state I live in. I understand that this is possible as mother in-law would visit sometimes even with old man to my house. Maybe she purchased the gift card(s) when she was here.
Also old man believes he has right to see my child (daughter) because he "loves" her. He even came to my town (he lives in different neighboring state) during the time which the divorce was going on and tried to pick my daughter up from school. We were notified by the school that someone was asking for her in school and that's how we found out about it. This was scary as I couldn't believe he would go this far. Another time he had followed my mother in-law from his Florida home to our town and confronted my daughter and mother in-law at a fast food place trying to see my daughter. This is when I filed police report after I heard about it.
He wont leave us alone and has sued my wife and I for something that is absolutely irrelevant and not true, maybe he is trying to get back at his dissolved marriage but can't do anything to my mother in-law and so is taking it out on me and my wife. I fear for my daughters safety. This case has been going on since 2013 and is still open. We had a lawyer because I have never been sued before but the costs were not justifiable so we dropped the lawyer and decided to go with public defender. When we did have the lawyer, we asked for motion to dismiss but the opposition asked for interrogatories which we did answer then.
My wife received a call yesterday from the old man's lawyer (it was a new lawyer this time, not the original one he had started this case with). She told me lawyer was asking for her and my daughter to come down and have a mediation session. He said I don't need to be there. Although I do understand that mediation prevents a lot of court system costs etc, it sounded suspicious as I am the 1st defendent in the case but they did not want me there. Most importantly, there is nothing to mediate. My wife and I should not be involved. I have a feeling that the old man will probably want to be able to see my daughter/be in her life/etc, but he is not family and I am under no obligation to let him see her. His lawyer called back today and told my wife that it would be good idea to do mediation as the mediator would try to tell the old man that he can not do anything in this case and to drop it. Yes this was the old man's lawyer telling my wife this. Also the old man's lawyer also told my wife that he will pick a nice mediator so she can convince the old man to drop this case because it will go nowhere. To me it sounds really suspicious since this is the old mans lawyer saying these things. Also it is noteworthy to mention that this old man has a history of lawsuits ( I believe he is involved in 52 something cases to people he sued). So I don't know what to do at this point. Exhausted by this whole unnecessary case.
Sorry for the long post but I am trying to explain as much details and get any advice. Anything is appreciated.
I have been sued wrongfully. Accused of stealing from an older man.
Older man was married to my wife's birth mother ("mother in-law") for about two years (wife's birth father passed away a long time ago and so her mother was a widow prior to getting married to old man). Older man and "mother in-law" got a divorce after those two years of marriage. "Mother in-law" didn't take anything from old man just wanted peace of mind and clean divorce. After their divorce, older man sued me and my wife saying that I bought gift cards using his credit cards while he was married to my mother in-law. Mother in-law did buy gift cards I suppose but that was between him and her, not involving me or my wife. Older man stated he had proof of gift card purchases on his credit card, which is fine because he can get his credit card statements, but there is no proof it was me physically which he is accusing me for. He has reason to believe it was me because he has (1 or more, I don't know how many times my mother in-law purchased gift cards) transactions saying the gift card(s) was/were bought in the city/state I live in. I understand that this is possible as mother in-law would visit sometimes even with old man to my house. Maybe she purchased the gift card(s) when she was here.
Also old man believes he has right to see my child (daughter) because he "loves" her. He even came to my town (he lives in different neighboring state) during the time which the divorce was going on and tried to pick my daughter up from school. We were notified by the school that someone was asking for her in school and that's how we found out about it. This was scary as I couldn't believe he would go this far. Another time he had followed my mother in-law from his Florida home to our town and confronted my daughter and mother in-law at a fast food place trying to see my daughter. This is when I filed police report after I heard about it.
He wont leave us alone and has sued my wife and I for something that is absolutely irrelevant and not true, maybe he is trying to get back at his dissolved marriage but can't do anything to my mother in-law and so is taking it out on me and my wife. I fear for my daughters safety. This case has been going on since 2013 and is still open. We had a lawyer because I have never been sued before but the costs were not justifiable so we dropped the lawyer and decided to go with public defender. When we did have the lawyer, we asked for motion to dismiss but the opposition asked for interrogatories which we did answer then.
My wife received a call yesterday from the old man's lawyer (it was a new lawyer this time, not the original one he had started this case with). She told me lawyer was asking for her and my daughter to come down and have a mediation session. He said I don't need to be there. Although I do understand that mediation prevents a lot of court system costs etc, it sounded suspicious as I am the 1st defendent in the case but they did not want me there. Most importantly, there is nothing to mediate. My wife and I should not be involved. I have a feeling that the old man will probably want to be able to see my daughter/be in her life/etc, but he is not family and I am under no obligation to let him see her. His lawyer called back today and told my wife that it would be good idea to do mediation as the mediator would try to tell the old man that he can not do anything in this case and to drop it. Yes this was the old man's lawyer telling my wife this. Also the old man's lawyer also told my wife that he will pick a nice mediator so she can convince the old man to drop this case because it will go nowhere. To me it sounds really suspicious since this is the old mans lawyer saying these things. Also it is noteworthy to mention that this old man has a history of lawsuits ( I believe he is involved in 52 something cases to people he sued). So I don't know what to do at this point. Exhausted by this whole unnecessary case.
Sorry for the long post but I am trying to explain as much details and get any advice. Anything is appreciated.
