Legal Question in Civil Litigation in Alabama

Can I counterclaim for malicious prosecution in Circuit Court after losing case

I'm being sued by 2 members of an investment club inwhich I was treasurer. We invested in stock options and all the money was lost. One Plaintiff and his girlfriend decided to sue me in small claims court stating that I told them that I would be putting their money ($500.00 each) into a mutual fund instead of an investment club that invested in options. This was a straight out lie.

I lost this case in Small Claims Court for misrepresentation. I appealed to the Circuit Court after losing. I did not have a counterclaim during the misrepresentation law suit in Small Claims Court but I've decided to counterclaim in Circuit Court for malicious prosecution. I'm asking for legal cost that I incurred in order to appeal this case. The plaintiff presented a motion to dismiss my counterclaim on the grounds that I have already lost the case in District Court.

1) Does Plaintiff have valid grounds for dismissal of counterclaim?

2) What must I do in order to win motion to dismiss?

3) How can I amend my counterclaim to include punitive damages?

4) How much punitive damages can I go for in this case?


Asked on 7/12/00, 3:45 pm

1 Answer from Attorneys
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Can I counterclaim for malicious prosecution in Circuit Court after losing c

I cannot answer your first or second questions because I do not know the specific claims, facts and legal issues involved in your lawsuit. I would have to see the paperwork. On your third question, you can file a Motion for Leave to Amend with the Court, and if the Judge allows the amendment, you can add punitive damages. You are allowed 3 times compensatory damages or something like 5% of the person's net worth, whichever is greater. Just a note, you probably do not have a malicious prosecution claim unless you win the lawsuit so it is probably due to be dismissed. If they win your appeal, you can't prove malicious intent. If you have any further questions, please give me a call.

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Answered on 9/09/00, 9:53 am


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