How canI fight a claim against for $2000 for an alleged assault?
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How canI fight a claim against for $2000 for an alleged assault?
My father’s girlfriend is suing me for $2000 in medical bills. She is claiming that I assulted her. She never filed a police report but did go to the ER. I, as well as severval others, have police reports against her on prior incidents involving violence. She also has a history of suing people. She is stating that my father is her witness. How can I protect myself against this accusation?
Asked on March 31, 2011 under Personal Injury, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you are actually sued, you protect yourself by presenting evidence that she was not assaulted by you--witnesses to the contrary, for example. You can also challenge her evidence, or lack of evidence, such as the failure to file a police report. If you believe that she is using the legal system improperly--e.g. bringing a claim for which she has no basis--you might even consider filing a counterclaim against her for abuse of process. (And if she has publically stated that you assaulted her, she may have defamed you if that allegation is untrue, so you might also bring a defamation action against her.) Ideally you should have an attorney represent you, but if you are being sued for $2,000, it may or may not make economic sense--you should probably talk to some local lawyers and get a sense for what they charge for the defense (and any counterclaims).
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