I am being sued for something i have never did and never met the person suing me?
My mom and stepdads RV got stolen....they called the sheriff made a report....the person responsible was pretending to be me with my first and last name and address selling the RV to someone.....the person who bought it got arrested for buying the RV and it turns out that he got scammed out....Then my mom and stepdad got the RV from the impound.....the person that bought the RV/ scammed out followed them to their home..confronting them that their son(who is me) sold them the RV....My mom and step dad live in Sacramento and I live in Hayward CA which is 90 miles apart.......I have a timecard from work that i clocked in at 5:55pm....i work in fremont CA which is 20 minutes away from Hayward...to prove that i was never in Sacramento which where the illegal sale of the RV took place......Can I sue him back for false accusation?
Morningfox2018-08-04T23:48:57Z
Favorite Answer
Okay, you're being sued. You have a defense, and it sounds like a good defense. So you will win the lawsuit. No, that is not grounds for suing him back. Not unless you can _prove_ that (1) his charges were false, and (2) he absolutely 99% knew that they were false, and (3) he went ahead with suing you anyway. Number 2 is the hard part ... almost impossible. If he had even a tiny trace of a reasonable grounds to suspect you, then you probably can't win a counter-suit for abuse of process. As for libel and defamation, that would be even harder for you to prove (see "litigation privilege").
You can sue anyone for anything. But to win damages, you are going to have to prove not only that you are innocent, but that naming you in the suit was malicious and not a case of mistaken identity, since you are the most likely suspect and could have conspired with a friend to commit the fraud.
A successful suit for slander requires proof of several things. For example, you must prove that the slanderous statement was heard and BELIEVED and resulted in tangible financial harm. You must also prove the exact words that were uttered. You mentioned none of that.
The FATAL flaw in your FICTION is that the thief COULDN'T claim to by you to sell a vehicle that didn't have your name on the title. There is NO WAY what you claim actually happened and EVERYONE involved would know that.
You completely missed the part about how some stranger has stolen your identity, and committed fraud in your name. That's serious, and requires you to file a police report that it happened. They should investigate how the stranger got your name, as well as how they put the RV up for sale. If it's Craig's List, CL should be able to help find the person who placed the ad, but they may require a subpoena for the information- but this is something the police need to find out.
Once the real criminal is identified, you can sue them for any loss you have sustained - in which case, for now, you need to be concerned about your credit and bank accounts, and make sure they don't take out a loan in your name. It will cost money to sue him,and he probably doesn't have any money, but technically you could have the basis for a lawsuit, if it caused you to lose your job or cost you money in any other way.