Legal Question in Personal Injury in California
Freedom from unjustifiable and unreasonable litigation?
I'll try to be as brief as possible. I sold a vehicle, sent release of liability to dmv. Vehicle was in accident, got served summons that I'm being sued. Went to three court dates, the third showing papers from the director of dmv that release of liability was received months prior to accident, california state seal and everything. Lawyer for plaintiff was there via phone, I showed judge the papers. Plaintiffs lawyer said I would ''more than likely'' be dismissed from case. One year later, I go to court again and was told the matter was sent to arbitration. The driver, as of last year had not been served to my knowledge. They did not receive an OK from me regarding arbitration (they were seeking binding arbitration). Where do I stand now? Do I sit back and wait for the mail? I find it difficult to just do nothing. Legally, I feel that they are fasely pursueing me. What do I do? Any help is much appreciated. Have had enough!
2 Answers from Attorneys
Re: Freedom from unjustifiable and unreasonable litigation?
Write a letter to plaintiff's attorney, attach copies of papers proving you sold the car and politely ask him to dismiss you from the lawsuit within 30 days. Remind him that you will go to the State Bar with a complaint against him/her for prosecuting a frivolous lawsuit in bad faith and remind him that you will sue his client and him personally for malicious prosecution.
Re: Freedom from unjustifiable and unreasonable litigation?
Why didn't you give the lawsuit to your auto insurer to handle? If you didn't have auto insurance, you might hire a lawyer to write a letter on lawyer letterhead demanding that the lawsuit be dismissed, or else you will sue for malicious prosecution.
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