What steps can I take to counter sue and file charges regarding forgery?

I recently had a credit check performed and discovered that I had been sued, lost the case, and never knew. How is this possible? The person (sister) lives in PA and I in NY. I was never served with any papers. The lawsuit is ridiculous and untrue. Had I been given the opportunity to defend myself the overwhelming evidence I could provide would have laid this all to rest. The more investigating I do the more evidence I find of my sister’s acts of forgery including that of our elderly mother, my father, and others. I have copies of banks checks she has forged in my dad’s name. My family and I are unsure of what to do at this point. What steps to take. She has stolen over $10,000 from my deceased father’s account. We fear she has done this to others. Now apparently she sued me without me knowing. What do we do? Can we file charges at any agencies with the evidence that my family has obtained? Can we counter sue for falsely bringing up charges?

Asked on July 29, 2010 under Criminal Law, Pennsylvania


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This is a very complicated situation, even from the short outline you've given here (and nothing more would have been appropriate; this needs the confidentiality of an attorney's office).  You need at least one lawyer's help here, depending on just where everything has taken place.

The most pressing, though, is responding to that lawsuit.  It may be possible to have the judgment vacated, but your chances of success with that are shrinking almost literally by the day.  If you can show that your sister knowingly set this up so you wouldn't be served, you have a shot.  That will have to be done in whatever court your sister went to, with a lawyer with offices in the area.

Dealing with your sister's theft and so forth should probably be done with a separate lawsuit, particularly in connection with your father's estate, if the forgery was committed after he died.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.