My dad was falsely accused of robbing parts for a car?

Question

Tom, our neighbor, owns two houses next to mine.He rents one and lives in the other. Anyhow, the person who Tom rents his house to is accusing Tom and my father for "robbing" parts of their car before it was towed away yesterday. She accused them and called the cops!

The situation: she left a van in front of Tom's house along with her other car for months without moving them. The city came and took both vehicles. So she decided to falsely accuse both tom and my dad for robbing parts of the vehicles. (My dad never even met her, I mean, I only saw her a few times for goodness sakes!)

So, if it comes to the point where my dad has to go to court? Can he counter-sue the woman for falsely accusing him and wasting his time? Can he also counter-sue for her wasting a pay day for him?

Thanks for your answers. Please Help.

THANK YOU

Answer 1

Well, there's what you COULD do and what you SHOULD do.

Realistically, if there is really no basis for the charges, no one is going to go forward with the prosecution, which means the issue dies there.

A lawsuit is also not going anywhere, because it would get thrown out if she does not have ANY basis for making the claim. However, while you CAN countersue (defimation / slander), you have to prove that the intent was there to harass and hurt the plaintiff. What's more, even if you win, the attorney's fees and general headache are likely to cost more than the judgement agaisnt the defendant can pay for. Finally, that assumes that the defendant is even capable of paying that judgement.

Lawsuits are a pain, and only worthwhile in EXTREME circumstances.  

Answer 2

Your dad will only go to court if he is believed to have criminally acted by the proper authorities. Furthermore, they will be the ones to press charges only if they truly believe he acted criminally. It is very unlikely that a prosecutor will proceed without compelling evidence against your father. Of course, if this should occur and he is found not guilty then your dad may counter sue the prosecutor for malicious prosecution.

If your neighbor would sue your father in civil court then the complaint must have merit. Otherwise, she would be wasting her money and risks a strong counter suit. If a complaint were filed your Father would be able to have a preliminary objection, motion for summary judgment, and motion for dismissal. In addition, you dad may want to consider some counter suit.

If it still proceeds to court and he wins then he may have grounds for abuse-of-process against your neighbor and her attorney. Be certain to notify her or her attorney that he believe the case is without merit and that he will seek remedies for her actions if he should win. However, for abuse of process to move forward, your dad  cannot accept a deal and must win by her dropping the complaint, dismissed, or have a judgment made by a judge or jury. Summary judgments are difficult to win and very costly.

I recommend that you contact an attorney, something I am not.

Answer 3

pshh please your daddy problem did steal the parts ....

Answer 4

I am with your dad....me studying civics only now...having xam 2 days after..and yes ! you're rite!...your dad cn sue her..! [;)]

Answer 5

No he cannot. He had no right to even be accused of stealing parts off a car. He's in the wrong, whether he did it or not. It doesn't matter if the lady is lying. It matters only that your Dad was accused of it.

No judge will believe your side of the story, because your dad and "tom" are going to go to court looking like a couple of misfits from some inbred trailer-park family that eat mayonnaise sandwiches and have the IQ of a piece of cardboard.

I would tell your Dad he's going have to take his lumps, do the year at County and when he gets out, try and move to an area where there aren't old cars around and people that can point the finger at him for things he has a propensity to do.