Legal Question in Civil Rights Law in Massachusetts

can i counter sue, for harrassment?

Walmart charge my daughter with shoplifting at the time she was a minor. First they took her to criminal(adult)court. Charge were dissmissed due to the fact she was a minor,Next they took us to Juvenile Court. Charges were dissmissed for lack of evidence. Now walmart is taking us to court for the third time to try and collect two hundred dollars for damages. Can we counter sue Walmart for harrassment?

Thank You


Asked on 11/20/03, 1:45 pm

2 Answers from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: can i counter sue, for harrassment?

You may have a claim for what is called "abuse of process". You should consult with a lawyer.

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Answered on 11/20/03, 3:04 pm
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: can i counter sue, for harrassment?

You have a suit for malicious prosecution.

If you are not going to have a lawyer, go see

how to write your complaint at my website, www.falseallegations.com

I have on my website two complaints that include claims for malicious prosecution.

To have a claim for abuse of process, you need to prove that Walmart had an ulterior motive or an agenda.

Without knowing more of the facts, I cannot say you have an abuse of process claim.

You might and you might not.

But you do have a malicious prosecution claim if the facts you are describing are correct.

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Answered on 11/20/03, 6:09 pm


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