False accusation

[Angiesue]

What is the name of your state? Pennsylvania
On the first of September i was servd papers by a sherriff, i was being sued, a child was injured on someones property (a clothesline), i was being accused of renting from the people who owned the residence, i never rented from these people, nevr even heard of them, so, i called the lawyer for the people sueing me, i told him i had papers that proved i did not live there at the time of the accident, so, after many apologies, he told me he was sending the paper to the court to have the case dismissed against me, he told me i would have a copy yesterday, well, they never came, and now im more worried than ever, what am i to do? i cant afford a lawyer, and i only had 20 days from when i was served to get a lawyer or write to the court what i was going to do, i was told not to go into defend myself that it would turn into a disaster, and that a lease did not prove anything... and if this case is eventually dismissed against me what rights do i have? surely you cant just decide to sue someone then change your mind later, what im asking is can i get damages from all of this? like stress mental anguish? and who would i sue?

 

[tigger22472]

What is the name of your state? Pennsylvania
On the first of September i was servd papers by a sherriff, i was being sued, a child was injured on someones property (a clothesline), i was being accused of renting from the people who owned the residence, i never rented from these people, nevr even heard of them, so, i called the lawyer for the people sueing me, i told him i had papers that proved i did not live there at the time of the accident, so, after many apologies, he told me he was sending the paper to the court to have the case dismissed against me, he told me i would have a copy yesterday, well, they never came, and now im more worried than ever, what am i to do? i cant afford a lawyer, and i only had 20 days from when i was served to get a lawyer or write to the court what i was going to do, i was told not to go into defend myself that it would turn into a disaster, and that a lease did not prove anything... and if this case is eventually dismissed against me what rights do i have? surely you cant just decide to sue someone then change your mind later, what im asking is can i get damages from all of this? like stress mental anguish? and who would i sue?

Contact the courthouse with the case number to see the status of the case. That is your first move. You do not have a case for any of the damages you discribed.

 

[Angiesue]

ok, thank you, i had planned on caling the courthouse today, wasnt sure..
so, there is nothing i can do about this? so many people have given me advice on this, one person from a lawyer firm said i couldnt sue them back, that embaresment no one can sue for, but, yet these people were trying to sue me for their childs past and present embaressment, anger, frustration, ect., and another person told me i could sue, so, in other words, you can make false accusations against anyone, sue them, then before the court case or when the person can prove they are not guilty dismiss the case against them? hmmm, no wonder so many people are quick to sue another, thats not right, the laws need changed very badly in my opinion..
thanks for the quick reply...

 

[mtpockets]

Malicious prosecution/abuse of process

If the plaintiff refuses to dismiss you after learning that you had no involvement in the matter, then s/he is acting maliciously. But first you have to formally notify him or her that you were not involved.

1. Find out the status of your case.
2. If it has not been dismissed, file an answer denying the allegations and pointing out that you have no connection to the matter.
3. Have someone serve the plaintiff's attorney with your answer.

I am not familiar with PA law, but in many suits you can sue the plaintiff after prevailing in the underlying action.

 

[Angiesue]

Thanks for the information.
I called the courthouse yesterday morning and asked them if dismissal papers were filed, they checked and said "yes"..
Today i recieved copies of the papers, the case against me was a "voluntary discontinuance" without predjudice, of course i will keep these papers, i just keep things anyway....
Thanks again..