frivolous countersuit

[lv2ride]

What is the name of your state (only U.S. law)? VA
I am being sued for money that my under age son borrowed from his friends mother, without my knowledge, that he has not paid back. I already know that I am not liable for this loan, so this could be considered a frivolous suit. The friend lives in So.Va. and I am in No.Va., so I have to drive hours to appear in court. I want to counter sue for the expenses I will incur.... hotel room, mileage, meals. I know you can sue for whatever you want, but is it a waste of time, or do I have a leg to stand on ? Can I file the suit in MY city and have them drive all the way up here, or will this just go back & forth and never go away?

 

[tranquility]

You don't have the elements for a suit until the case is decided in your favor. So, no.

Just out of curiosity, what was the loan for?

 

[Dandy Don]

Talk to an attorney before you go down there to determine if you have any liability to repay this because of your son--you probably don't, and I think you were deliberately named on purpose (so they could try to collect money from you) but it is a mistake on their part because you did not commit the offense.

 

[lv2ride]

You don't have the elements for a suit until the case is decided in your favor. So, no.

Just out of curiosity, what was the loan for?

I honestly don't even know what he borrowed the money for. He never asked me or my husband to borrow any money, probably because he knew we wouldn't lend it to him. He doesn't have a job, so in my opinion... shame on his friends mother. All I know is I am being sued for $750. My son is a couple months shy of 18, so I guess they figure that since I am "responsible" for him, I have to pay his debts.

 

[lv2ride]

Talk to an attorney before you go down there to determine if you have any liability to repay this because of your son--you probably don't, and I think you were deliberately named on purpose (so they could try to collect money from you) but it is a mistake on their part because you did not commit the offense.

I agee.... I had nothing to do with this transaction, but again, because he is underage they feel that I am responsible for this debt. That is what was stated on the hand written form that she filled out, that was sent to me. "because he is a minor, defendant is responsible"

 

[tranquility]

It is very possible that you are responsible for the loan if the purpose was for your child's necessities of life. Food, shelter, medical--things like that. The specifics vary from state to state.