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vopros k advokaty
Вт, Апр 24, 2007 07:57am [Аноним] - 6228 d back

i am a party to the civil law suit( one of the defendants). It is a
contractual dispute. I think i am totally inocent. I have not sign anything with the plantiff, the other guy did.But i still have to go to court and proove my case. My question is. Can i file a counter claim against them for wasting my time, atty cost and court cost. Since i have nothing to do with it. The only reason i was put in is because i am a friend of a guy who signed the contract. thank you
Вт, Апр 24, 2007 09:24am Е. - 6228 d back

Интересненько, необычненько...
Вт, Апр 24, 2007 11:49am zluka - 6227 d back

Can i file a counter claim against them for wasting my time, atty cost and court cost.
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I think you can, but there will be even more wasting time, attorney and court costs. It's America, everybody can sue anybody.Smile Who will win, that's a different story...

But Igor, of course, will tell you for sure...
Ср, Апр 25, 2007 01:26pm Адвокат Игорь Громов - 6226 d back

No you can't, unless you will try to prove malicious conduct on behalf of the plaintiff, in that he included you in the suit to harass you, where there was no obvious legal basis for the suit, and the allegations in the complaint were blatantly false.

It is hard to prove. Just talk to the plaintiff, get him to dismiss his case against you "with prejudice"
Ср, Апр 25, 2007 06:36pm zluka - 6226 d back

No you can't, unless you will try to prove... (c)
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Doesn't that mean that technically he can? He'll just have to prove all of the above things, which will be very hard - I agree.
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