• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

False claims & Bogus, groundless suit

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

B

Burtha

Guest
I am being sued in small claims Court, I would like to file a counterclaim, however I cannot find a way to put a cash value on
fraud or harassment. Can anyone refer me to something about putting a value on such a suit? From what I have read small claims doesnt allow it. It has to be actual damages?
Thanks,
B.
OH BTW, I am being sued for $2000, someone gave me something,changed their mind afterwords, made up this suit, and even tried
to involve the police & they are suing a family member because the GIFT is in their house!!
I am going nuts
 


JETX

Senior Member
Ohio Small claims excludes anything but specific money disputes. Even if you could establish a monetary value for your claim of harassment and/or fraud, you can't use the Small Claims court system. You will have to file in a 'higher' court.
 
B

Burtha

Guest
Re; BOGUS SUIT

Thank you for the reply. Can I sue someone for fraud& harassment AFTER the small claims suit is settled? (If I win)
From what I understand, in oral agreements (Which I denie) it could go either way...UGGG. But it is very frustrating that someone can just walk int0 a police dept, or any court and file statements and claims that are totally bogus. Without some sort of punishment.
What is the statute of frauds? Would this apply?
Thank you.
 

JETX

Senior Member
Q1) "Can I sue someone for fraud& harassment AFTER the small claims suit is settled? (If I win)"
A1) Yes. As long as the same claim is not reheard at the original trial. If it were already heard and adjudicated, you couldn't bring a subsequent suit on the same claim (called Res Judicata).

Q2) "From what I understand, in oral agreements (Which I denie) it could go either way...UGGG."
A2) There are no guarantees of any court ruling.

Q3) "What is the statute of frauds? Would this apply?"
A3) Without knowing the claims being made, I have no idea of fraud is one of the issues....
 
B

Burtha

Guest
replevin??

Thank you.
The small claims case has been dismissed, and now this person is asking for "Replevin" She GAVE me something, changed her mind
then after I would NOT return it , made up this story that I was sopposed to Buy it. Because of the value, that statute of frauds applied, there is no contract. Now I am trying to defend myself against this. I do not have an attorney and legal aid has not called yet. I do not know what to do, and the books I have only provide the defination for replevin, not how to defend or respond to it.
Thanks!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top