Legal Question in Criminal Law in California

Can I counter sue in small claims for damaged/discarded property, harassment, slander, identity theft, lost wages and distress?

I'm currently facing a suit for property my ex-bf believes is "his" that I currently posses. I want to counter sue my ex's suit for all my property he destroyed/threw away before I was able to remove it from our house. Note: I attained a written and signed statement that I had 72 hours to collect my belonging from the residence (as suggested by the sheriffs department). He did not abide by the agreement. He stole my check book to make payments to his accounts and is currently being investigated for identity theft. All the while, harassing me to the point that I've filed a restraining order against him. He's "evading service" as the sheriff department states on their signed report. Still, he continues to harass me, my family, my friends, and my co-workers. He slandered me to my employer causing lost wages, forced time off to deal with court dates, file police reports, etc.. Does this stand a good chance in my counter suit at all?

Asked on 6/07/13, 12:28 am

1 Answer from Attorneys

John Laurie Gertz and Laurie

if you have a vaild claim against the person who sued you, you should be able to counter sue.

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Answered on 6/08/13, 1:18 pm

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