Can I counter-sue for being wrongfully sued

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Can I counter-sue for being wrongfully sued

My bosses dog was out not on a leash and scratched and supposebly bit a lady walking on the public street in front of his house. Some how I am the one being sued for the incident even though I don’t live there and it wasn’t my dig that causes injury.

Asked on February 2, 2017 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you can show that the lawsuit was motivated by malice or improper motive, and was not just an error, you can countersue for abuse of process or malicious use of process. Motivation matters: an honest error does not result in liability. If you have already been served with the  summons and complaint, file an answer in the case in which you state that you don't live there and this was not your dog; state in the answer that the dog belonged to your boss and state his address; attached proof of where you live. (If this is in small claims court and you don't get to file an answer, which is often the case in small claims court, then show up to court on the day of trial with proof of your residence and state the above to the judge in court.)


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