Monday, February 8, 2010

Can someone take me to court for a False Claim?

I'll try to make this simple and short... I had my horse transported for me. She didn't show up on time, was very sweaty/shaking, and they guy was very unprofessional. I turned them into the bbb.org. I have never turned anyone in before. Before turning this company in I did email them and the response I received was ';do what you gotta do'; ... so they knew I was going to report them. The company I reported called me yesterday and left a voice mail saying, ';just wanted to let you know that our attorney will be calling you bc of your false claim'; ... my questions is, can this really go to court? Do they have a right? Can someone take me to court for a False Claim?
I don't know the laws but if I were you I would contact the BBB office you went threw to file that claim against these people. Can someone take me to court for a False Claim?
Anyone can sue anyone for anything. That is a fundamental principle of law, so yes, they can take you to court.





More important is ';Can they win?';. From what you've posted, the answer to that is ';no';. The only cause of action they might claim would be one of defamation. Defamation, however, requires a knowingly false statement of fact, not just an opinion that he disagrees with.





';My horse was sweaty and shaking when she was delivered'; is a statement of fact, so it would be actionable if false. If true, it's perfectly legal.





';The guy was very unprofessional'; is a statement of opinion and is therefore not actionable.





Richard
I think he's bluffing. If he's unprofessional, you are not the first to complain. Search on BBB and see if anyone has filed a complaint against him. What's his claim against you? That's what the BBB is there for, to file complaints against a business or person of a business.
They may just be trying to intimidate you, but if you do hear from their lawyer, first just repeat what you've said here and what you reported to the BBB. If you have any witnesses to the condition your horse was in when they delivered her and to the fact that they didn't deliver her on time, let the lawyer know that, too (but don't say yet who they are). If they don't back down at that point, you'd better get a lawyer of your own and consider filing a counter-suit. If you paid the agreed-upon fee for the service and the company didn't hold up its end of the bargain, you have to be in the right, but if they make trouble for you, you'd better get an expert to fight back--and part of your counter-claim could be that they recompense you for any expense you incurred in fighting their unjust claim. But get real legal advice!

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