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Received summons that a motion to reopen the complaint was filed, as defendent what should i do

Newark, NJ |

I received notice that a "Motion to Reopen the Complaint" was filed by Plaintiff. The case was dismissed over a month ago. As was the first case, she now includes additional "lies". As the defendant, what do I do? Just wait to see if the motion approved? What to do about these new fraudelent charges....She says "I continue to harass her and she is afraid". Not true. This is so sickening that anyone can basically say anything and I have to go to court to answer these charges and probably have to hire an attorney again and miss work. She has brought the same complaints against other people. How to make this stop and can I counter sue?

Attorney Answers 2

Posted

I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.

That being said, if this is a motion, you can oppose it. If she is bringing claims without basis and for an improper purpose, you can bring a counterclaim, but they are hard to prove. You should speak with an attorney ASAP.

/Christopher E. Ezold/

The Ezold Law Firm, P.C.
Employment, Business and Health Law
One Belmont Avenue, Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies. /Christopher E. Ezold/ The Ezold Law Firm, P.C. Employment, Business and Health Law One Belmont Avenue, Suite 501 Bala Cynwyd, PA 19004 (610) 660-5585 Cezold@Ezoldlaw.com www.ezoldlaw.com

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2 comments

Asker

Posted

Thank you. How do I oppose it? Do I need to go to the courts to fill out documents, is there a filing fee?

Asker

Posted

Thank you for all the answers

Posted

If you don't respond to the Motion, the court may well reopen the case, and if you fail to respond, a default judgment may be entered against you, which would attach to any real property you own. Consult an attorney to discuss your options, and you may be able to nip this in the bud.

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6 comments

Asker

Posted

How do I respond, is there a specific legal document that I must get from court?

Christopher Roy Higgins

Christopher Roy Higgins

Posted

I would speak with an attorney about this, but you can draft a Certification in opposition to the motion explaining why the case should not be reopened.

Asker

Posted

Thank you. Could I mention in my draft that plaintiff has a history of filing harassment charges and all have been dismissed due to lack of probable cause?

Christopher Roy Higgins

Christopher Roy Higgins

Posted

I would explain that the case is without merit for whatever reason, and would shy away from bringing up the past.

Asker

Posted

The notice I received did not include any instructions, dates, etc. Just that the plaintiff had a filed a motion to reopen the dismissed case. So now, Im looking for the proper paperwork if necessary to file an opposition. So pathetic how people can abuse the legal system with baseless complaints. Thank you all very much.

Christopher Roy Higgins

Christopher Roy Higgins

Posted

If the motion included a certification of some sort, you can use that in framing your response. I must urge again, however, that you speak to an attorney about this.

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