Can I get countersued for harassment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I get countersued for harassment?
I was rear-ended by a driver who was driving his friend’s car that had no insurance. He never answered any of my calls after the accident so I repeatedly called him. One time I left a voicemail cussing him out but I didn’t threaten him. Now he has blocked my number. It’s my intention to sue him in claims court, but now I’m not sure if he can countersue for harassment.
Asked on December 18, 2011 under Accident Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you write, it's most likely not harassment--you had a legitimate reason to try to contact him, and only cursed him out once without making threats.
That's not to say that if you sue him, he may not try to counterclaim against you, such as by claiming that you did more than you did...but if the only evidence shows the behavior you describe, you should have a good defense to any such counterclaim.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.