What can I counter sue someone for who files a false lawsuit against me?

Asked almost 2 years ago - Flint, MI

I live in Michigan and own a small business. I was recently served with a lawsuit alleging fraud by disgruntled former customer. There is no basis whatsoever to the allegations made in the lawsuit. It is not the first time this person has attempted to sue a business.

Defending this lawsuit will be expensive, stressful and time consuming.

I am not content to simply play defense. I want counter sue this individual. The allegations made in the papers I was served with are untrue and very demeaning. Before I meet with an attorney, what are my options?

Attorney answers (2)

  1. Robert J. Ehrenberg

    Contributor Level 9

    2

    Lawyers agree

    Answered . Yes, you can make a counterclaim to a complaint against your business, but you need experienced legal advice to do so. If you have a general liability policy for your business, take the lawsuit papers to your agent immediately and get your insurance company involved. If the claim is covered by your policy, it will provide you an attorney and indemnify as well.

    Be careful of the time limitations to respond to the complaint. Don't delay.

  2. James M. Osak

    Contributor Level 15

    Answered . You would counter-sue for "defamation;"
    "business defamation;" maybe other
    counts (need more info). You NEED to
    discuss your particular facts with an
    attorney. It'll cost you a few hundred
    dollars to have attorney review your
    paperwork. That's if you do this "in
    pro per" or w/o an attorney. You can
    always just hire an attorney to counter-
    sue this "disgruntled former customer."

    THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL... more

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