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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?

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Attorney answers 6


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.


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

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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.


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

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


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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