<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LETTY:
I AM A 28 YEAR OLD FEMALE. I LIVE IN TEXAS. I AM BEING SUED BY A EX- BOYFRIEND OF 5 YEARS AGO. ABOUT TWO YEARS AGO I RECIEVED A PHONE CALL FROM MY EX TELLING ME HE HAD APPLIED TO OUR LOCAL POLICE DEPT. AND THEY WERE GOING TO CALL ME TO ASK ME A FEW ?'S REGARDING HIM AND NOT TO SAY ANYTHING BAD ABOUT HIM. I RECIEVED THE CALL AND ANSWERED THIER ?'S. TWO MONTHS AGO I RECIEVED A LETTER STATING TO SUE ME IF I DID NOT SIGN THE STATEMENT ENCLOSED. IT SEEMS THAT THE STATEMENT I GAVE TWO YEARS AGO HAS PREVENTED HIM EMPLOYEMENT IN OUR LOCAL POLICE DEPARTMENT.I DID NOT SIGN THE STATEMENT BECAUSE THE STATEMENT HE AND HIS ATTORNEY SENT ME HAD ACCUSATION I DID NOT STATE TO THE POLICE. I WENT TO THE POLICE DEPT. TO DISCUSS MY STATEMENT I GAVE TWO YEARS AGO. IT SEEMS THAT MY EX HAD APPLIED FOR ANOTHER POLICE DEPT. IN ANOTHER CITY AND WANTED THIS STATEMENT SIGNED BEFORE THAT POLICE DEPT. STARTED THE BACK GROUND INVESTIGATION. THE OFFICER READ BACK MY STATEMENT AND I DID NOT STATE ANYTHING OF WHAT HE IS ACCUSING ME OF BUT THIER IS ANOTHER EX GIRLFRIEND WHO MADE THOSE STATEMENTS AND LIED BUT SHE CAN NOT BE FOUND SO I AM BEING SUED FOR THE FALSE STATEMENT. I DONT KNOW WHAT TO DO . WHAT ARE MY LEGAL RIGHTS? CAN I SUE HIM IN RETURN? WHAT TYPE OF SUITE IS THIS?<HR></BLOCKQUOTE>
My response:
If your facts are accurate about not making defamatory statements, and that such statements were made by another person, then write the boyfriend's attorney a letter denying the allegations, and informing the boyfriend, through his attorney, that upon a successful conclusion in your favor of any lawsuit filed against you in these regards, that you intend to file a lawsuit against the ex-boyfriend for "malicious prosecution" of their underlying lawsuit and, perhaps, if all of the elements are there, "abuse of process" along with actual and punitive damages.
I would, suggest however, that you retain your own attorney for this exercise.
IAAL
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