Legal Question in Civil Litigation in Maryland

If I sue HUD for violationing lead paint regulations can Justice Dept countercla

I purchased a house from HUD and after settlement found that they had been issued a lead paint violation notice and ordered to abate the property by the city of Baltimore. They did not disclose the notice to me or abate the property as ordered. Nor did they treat defective paint surfaces prior to settlement per the contract.

I later found that the prior owner who had been forclosed on had a child who had been poisoned by lead in the property. I also found that HUD had violated many of there own regulations when they conveyed the property to me.

So I sued them Pro Se for violations of the Lead based Paint Hazard Reduction Act, The Toxic Substance Control Act and breach of contract.

HUD has decided that they want to settle out of court. The attorney for the Justice Department is trying to play hardball and has treatened to counterclaim me for an unpaid IRS lien if I don't settle for the $5000 they are offering. The lien that she claims I owe is for $6000.

I want to know can they counterclaim me for something totally unrelated to my claim against HUD. Also do I have cause to ask for sactions against them.


Asked on 8/02/05, 9:58 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: If I sue HUD for violationing lead paint regulations can Justice Dept counte

If the defendant in your suit is HUD, as opposed to the United States, I wouldn't think a counterclaim would be appropriate, but the IRS could certainly pursue its own action for unpaid taxes. If people in your household, especially childen, sustained injury from ingesting the lead paint, you should immediately retain an attorney who has experience with these kinds of cases and can get you full value, which would greatly exceed what you've been offered.

Read more
Answered on 8/03/05, 9:39 am


Related Questions & Answers

More General Civil Litigation questions and answers in Maryland