1st Admendment rights

[GirlNeedsAdvice]

What is the name of your state? Georgia
Help me Please
My 1st admendments rights are being violated!!!! My mom and I are being sued for signs we posted in the front windows of our house stating "UNHAPPY HOMEOWNER". We can't get our builder to do anything for us so we decided to take a stand. How can he sue us for this. Can anyone help me please!!!!!

 

[Bravo8]

Anyone can sue anyone else for anything. Whether they win or not is a different matter.

 

[djohnson]

I agree, but want to add if that is all your signs said it's very unlikely they will win. What exactly did all the signs say and we can help more. I doubt anyone would actually take legal action over a sign saying 'unhappy homeowner'. That could be a put down to the builder, mortgage company, contractor, roofer, and so many things its to broad to be the problem.

 

[pamela vandi]

counter suit

You can counter-sue/file a counter suit against the party that is suing you. You can claim expenses related to defending against the other party's lawsuit on the basis that it had no merit, and that it was filed for illegal reasons, such as intimidation. You should contact the Better Business Bureau to see if there have been reports against the opposing party. I am not an attorney.

 

[I AM ALWAYS LIABLE]

Re: counter suit

You can counter-sue/file a counter suit against the party that is suing you. You can claim expenses related to defending against the other party's lawsuit on the basis that it had no merit, and that it was filed for illegal reasons, such as intimidation. You should contact the Better Business Bureau to see if there have been reports against the opposing party. I am not an attorney.

My response:

Oh, Pamela, you REALLY don't know what you're talking about. A "malicious prosecution" action is not ripe for filing until AFTER the main litigation has terminated, and ONLY if the main litigation was filed for malicious purposes. There is no "malice", necessarily, by filing a lawsuit - - even if it's a "loser". There must be provable malice and ill-will.

The tort of malicious prosecution requires a showing that the litigation in question was terminated in favor of the party claiming malicious prosecution. It follows that no cross-complaint for malicious prosecution may be filed in the same action which defendant claims is being maliciously prosecuted . . . even after plaintiff drops one of several claims (if the action proceeds on the others).

Don't get people's hopes up when you don't know what you're talking about.

So, please, stick to telling people to contact John Walsh for answers to their questions.

IAAL

 

[GirlNeedsAdvice]

I'll tell you a little more detail

In the beginning of all of this, I did have on my car a bumber sticker I made that stated the name of the company with a circle and a line through it. After about a day my mom made me take it off,however I still don't understand why . People everyday have bumper stickers about things their not happy with and either show their support or disapproval.

Also, people come up to our house and ask why we are unhappy homeowners and we tell them why or furthermore we show them. We don't say anything at all about the builder we know better... I think like one of the people said above, he is trying to intimidate us. It really stinks because my mom put all of her money in this house and know we have have defend our rights, it's just not fair.

 

[GirlNeedsAdvice]

Please don't tell me nothing fair

I guess we do live in a world that we are guilty and we have to prove ourselves innocent. That really stinks!!!!!!!!!

 

[DRN]

I thought that "malicious prosecution" only applied to suing government or district attorney for false arrest, withholding evidence, unlawful imprisonment, etc. and could not be used against a private person or entity.

No?

 

[DRN]

Re: Please don't tell me nothing fair

I guess we do live in a world that we are guilty and we have to prove ourselves innocent. That really stinks!!!!!!!!!

Thanks to our present court-appointed president and his rehashed cabinet, his predecessors in office and our perpetual spineless, knee-jerk federal legislature, yes, this is now a nation where you are guilty upon being charged and must prove innocence.

 

[GirlNeedsAdvice]

No thanks

Thanks but NO Thanks, this has nothing to do with the current president....For your info I'm a proud young Republican,so you can keep your anti-Bush comments to yourself!!!!!! Wait, No I don't want to violate your free speech...so say as you wish to Hillary or Bill !!!!! OK

 

[HomeGuru]

What is the name of your state? Georgia
Help me Please
My 1st admendments rights are being violated!!!! My mom and I are being sued for signs we posted in the front windows of our house stating "UNHAPPY HOMEOWNER". We can't get our builder to do anything for us so we decided to take a stand. How can he sue us for this. Can anyone help me please!!!!!:confused

**A: builder can sue but will not prevail. Check out worse things that homeowners have done. www.hadd.com

 

[DRN]

Re: No thanks

Thanks but NO Thanks, this has nothing to do with the current president....For your info I'm a proud young Republican,so you can keep your anti-Bush comments to yourself!!!!!! Wait, No I don't want to violate your free speech...so say as you wish to Hillary or Bill !!!!! OK

Learn to read. Then re-read my post. See anything there about "his predecessors in office?"

 

[pamela vandi]

re: false info from "i am always loaded"

http://enquirer.com/editions/2000/03/02/loc_countersuit_over.html

See the above link for info that contradicts "i am always loaded's" false info re: counter suit.