I received a 3rd party subpoena for my IP address(I was one of many they subpoenaed) .I value my privacy so I filed a "motion to quash". Due to my lawyer's admitted negligence, the motion failed. The company received my name. Once they knew my name they knew I was not the customer that left a bad review on yelp. I have no relationship with the company. The company sued me for $100,000.00. The company told the judge that the fact that I filed a "Motion to Quash" proved my guilt. Their process server used a "furniture delivery" ruse to enter my building and access my floor. I answered their lawsuit in writing. Now they've entered a voluntary dismissal "without prejudice" meaning they may sue again. What can I do to end this year long nightmare? Is this a malicious lawsuit?
Did you file a Counterclaim with your Answer?
There seems to be a lot of money at stake here. I recommend that you contact an attorney to spend some time with him or her reviewing all the facts and documents in the litigation so that the attorney can help you to understand your rights, obligations, and remedies.
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Leave well enough alone......make sure the the dismissal includes a provision that it is without cost, expenses or attorneys fees for any side.
It doesn't sound like malicious prosecution. To win on such a claim, you would have to show that the company sued you for an improper purpose. Do you have reason to believe they sued you for a reason other than a mistaken belief that you had done what they alleged in their Complaint?
If this is a mistake and the case has been dismissed, then it's over. You won't succeed with a malicious prosecution claim.
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