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Friendship failed!

Washington, PA |

I have a question I had a friend only just a friend, we had a falling out and she's trying to sue me for money she says she loaned me and she never gave me a dime! not a penny! She states from the paper from her attorney that it was all cash advances. No way! I first off just got an inhertance (Sorry Spelling) from a death and I think thats why she's suing and second think she's angry because I didnt loan her money.. What do I do???

Attorney Answers 5

Posted

If you are sued by another person and feel as though there is no good faith basis for filing that case against you, there is a cause of action for malicious prosecution. You can file a counter-claim against her in this regard. You will probably have to get an attorney to do so.

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Mark E. Milsop

Mark E. Milsop

Posted

As a technical matter, in Pennsylvania, "malicious prosecution" has been codified at 42 PaCSA 8351. The first element requires that the underlying action has terminated in favor of the party bringing the 8351 action. This remedy is not available as a counterclaim. The questioner should immediately begin to defend the case. The chances of a successful defense will probably increase if an attorney is utilized. The attorney should be consulted without delay.

Posted

Respond to the lawsuit if one has been filed, but filing your appearance (if required) and appearing on the date set. It will be up to the Plaintiff to prove money was owed and if what you say is true, them proof will not be possible. Consult with a local attorney and if advised to do so, hire counsel to represent you. Best wishes.

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Asker

Posted

Thank you, she filed civil suit only because she knows I got this money..

Judy A. Goldstein

Judy A. Goldstein

Posted

Having money does not prove yu borrowed money from her.

Posted

Firstly, this is not a "libel" question. Secondly, if she is claiming that she loaned you money, which you deny, and she does not have any documentation to prove that she gave it to you (ie- an "I.O.U"/receipt(s)/other written acknowledgment/ a corroborating witness, etc.) she is going to have a hard time proving a valid debt owed by you. If she hired a lawyer, it is presumed that the amount she is suing for is large enough to have made it worth her while to pay attorney's fees (unless she is using a "friend"), therefore, it is worth your while to retain local counsel to defend against the action. Do so a.s.a.p. as you have a limited time period in which to serve an Answer to the complaint, if the action has already been started.

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Asker

Posted

Thank You! I see what you are saying and no there are no Receipts etc.. showing anything because it;s simply not true. She being malicious to me and the amount she says owed is 400.00

Posted

Suing is one thing. Winning is another.

Without hard evidence, and with your defense against the suit, it sounds like you are in a strong position.

DO NOT blow off the hearing though, if you do not defend yourself the court COULD issue a default judgment against you.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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Asker

Posted

I plan to go see her Lawyer tomorrow. Is this recommended?

Asker

Posted

I just feel like she got her lawyer stupid! and he dosnt no her sui happy history either for baseless and malicious litigation shes done on so many people. Shes a criminal DUI's Drug Charges Etc..

Posted

It looks like none of the lawyers who answered this question practice in Pennsylvania, so I just want to reassure you that they are right. You can be sued for anything and you have to defend yourself or risk an unjust result by default. If you never borrowed money from your friend then she won't be able to prove her case. One thing in your question bothers me: You talk about "cash advances". I don't know what to make of that. Did you ever have access to your friend's credit cards or bank accounts? Or do you mean she is saying she gave you cash? Please be more clear as to what you are being accused of doing. I would be happy to talk to you, although Washington, Pa. is to far from me to represent you.

This answer is not intended to be legal advice in a lawyer/client relationship. Misunderstanding of the answer or use of the answer for any illegal purpose is not the responsibility of the writer. The answer to any question in the Avvo website is constrained by the limited content of the question, an incomplete description of the facts underlying the question or a wrongful motivation for the question.

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