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

Asked 7 months ago - 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. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . 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. Leonard Roy Boyer

    Pro

    Contributor Level 16

    7

    Lawyers agree

    Answered . 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... more
  3. William Robert Marth

    Pro

    Contributor Level 11

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    1

    Answered . 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. James P Brady

    Contributor Level 14

    1

    Lawyer agrees

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

  5. Christine C McCall

    Pro

    Contributor Level 20

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    Answered . 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... more
  6. Michael T Warshaw

    Contributor Level 17

    Answered . 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... more

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