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Should I countersuit for abuse of the system, defamation of character, attorney fees, and missing work ?

New Providence, NJ |

We are suing my mother-in-law's former landlord for renting her an illegal unit and not giving us the three months security deposit. We never talked to her except through our attorney and the police. Now she filed a lawsuit against me for harassment, which is completely false. I pleaded not guilty, however I'm supposed to be back in court soon.
What can I do?

Attorney Answers 6


  1. If you were criminally charged, you should have a local criminal lawyer fight it. With respect to the "illegal unit", whatever that is, you can have a local landlord tenant lawyer investigate.


  2. I agree with the answer of my distinguished colleague. Retain a local attorney right away. Good luck.

    If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. You should consult an attorney about the harassment charge. If this is a citizen's complaint, the matter might be dismissed before trial if the Judge finds there is no probable cause for the filing of the charge. It is much harder to make a claim for an abuse of process. You would have to demonstrate that the complainant had no basis whatsoever to file the charge and did it purely to harass you.


  4. You can't bring a defamation suit because you got sued. Her pleading is protected against all defamation claims.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship set forth in a written document executed by the client and by me or a member of my firm. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. I can give advice, make recommendations and answer specific questions only after reviewing the evidence and documents applicable to a specific client and following a personal meeting in my office in which the relevant facts can be developed and analyzed. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


  5. If you are found not guilty, you can sue for malicious prosecution.


  6. If the harassment is a criminal charge, hire a criminal lawyer to help you fight it. As to the landlord issues for your Mom, you need a landlord tenant lawyer to help your Mom.

    The content of the this submission is intended to provide general information on the topic presented, and is offered with the understanding that the author is not rendering any legal or professional services or advice. This submission is not a substitute for legal advice. Should you require such services, retain competent legal counsel.

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