Legal Question in Civil Litigation in Ohio

false lawsuit

A woman filed a lawsuit against me to recover money and for damages for paintings she purchased.

She never bought anything from me.

I am an independent distributor of paintings for a company, but the woman purchased (only paid the down payment) from another individual.

Nevertheless, her lawsuit names me. It is full of errors such as stating that she purchased paintings from me at my home when in fact she only paid the down payment at her office to another sales consultant. I have received a multi-page questionaire from her attorney that is ludicrous in light of the fact that I never sold this woman anything. My name does not appear anywhere on the sales form. I did not participate nor was I present at the sale.

Asked on 2/04/02, 11:29 pm

2 Answers from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Re: false lawsuit

Dear Defendant, It appears you may have an excellent defense and perhaps even a good counterclaim for malicious prosecution, depending upon the law of your state. See an attorney ASAP! Your delay may be to your detriment. G0ood luck. J. Norman Stark, Cleveland, Ohio.

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Answered on 2/05/02, 6:56 am
Michael Brandabur Brandabur Law, LLC

Re: false lawsuit

If you have received a complaint in the mail (lawsuit) a failure to properly respond within 28 days will permit the other side to have a default judgment entered against you. The "questionaire" the attorney sent my either be Interrogatories or a Request for Admissions. Even if you are not a proper party to the lawsuit, a failure to respond could end in you being found responsible. Thus, I strongly recommend you respond. You should consult an attorney to ensure all of your legal rights are covered. Failing to do so could result in the default judgment. Then she would be going after your assets (bank accounts, garnish wages etc.) to pay the judgment she gets from you.

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Answered on 2/04/02, 11:48 pm

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