Libel, Abuse of Process and Perjury

[Steven Mason]

Jurisdiction

Pennsylvania

Hello,

A disgruntled, former business partner has just filed a civil case against me, claiming that I used his credit card "without his permission" 9-10 years ago, took delivery of 12K in goods (delivered to my address) and now (2019) he is suddenly seeking reimbursement (the filing date of the complaint is precisely 2 weeks after the date when I'd sent him a buy-out offer on an old project about which he was harassing my family and I). This individual never disputed the charges with his issuing bank, nor did he file any criminal charges whatsoever against me in nearly 10 years. Further, there was no informal agreement between he and I to settle the now disputed charges as he did indeed grant me permission to use said credit card to order start-up inventory for a project upon which we both were working at the time.

Clearly, no sane individual would allow another person to illegally charge 12K on their credit card and never dispute the charges with the issuing bank or file criminal charges in an approximate 10 year period (12K, I believe this would constitute grand larceny). Moreover, I have innumerable emails showing an ongoing business relationship with this individual, which extend years past the alleged date of the illegal charges; the man is overtly lying to suit his agenda and is in so doing committing perjury and subjecting me to malicious prosecution by abuse of process.

In addition to the above contrived charges, this person has falsely, publically accused me of additional serious crimes of which I've NEVER been charged via email (published) and has contacted my elderly parents numerous times, harassing and seriously upsetting them. He has also spread these false allegations around the community and for which I am shamed, greatly embarrassed and may have lost business. This person has caused considerable harm to my family and myself through his actions - hoping to coerce me to suit his agenda.

I would like to know the best course to take to file criminal (perjury) and civil charges against the person and I would greatly appreciate any direction.

Thanks much in advance!

Steve M.

 

[mightymoose]

Forget trying to pursue any defamation action. The odds of successfully proving actual damages are probably not good and not worth stressing over.
Consider a restraining order for yourself and your family if still receiving harassing contacts.

As for the suit brought against you, there are a few options at your disposal to assert the expiration of the statute of limitations and to seek dismissal. You do not have to defend the allegations or discuss any past business relationship. Simply assert that time has expired and the action has been brought too late. You may be able to do this in a written response before the hearing date or by simply appearing at the appointed time.
An attorney can surely handle this for you rather quickly and easily if you do not want to handle it yourself.

Resist any temptation to engage further with this individual in any manner. Disappear from his world, or rather let him be invisible in yours.

 

[adjusterjack]

I would like to know the best course to take to file criminal (perjury) and civil charges against the person and I would greatly appreciate any direction.

Forget it. Before you can even think about that stuff you need to address, and win, the current lawsuit.

If the SOL has expired you need to raise that as an affirmative defense. If you don't know how to do that, hire a lawyer.

 

[army judge]

A disgruntled, former business partner has just filed a civil case against me, claiming that I used his credit card "without his permission" 9-10 years ago, took delivery of 12K in goods (delivered to my address) and now (2019) he is suddenly seeking reimbursement (the filing date of the complaint is precisely 2 weeks after the date when I'd sent him a buy-out offer on an old project about which he was harassing my family and I).

Pennsylvania has a statute of limitations of six years for debts.

If more than six years has elapsed for credit card debt or a contractual loan obligation has become due, the creditor can no longer take collection actions for that debt.

The creditor is statutorily barred from suing the defendant.

That is your defense, OP.

The statute of limitations.

 

[zddoodah]

I would like to know the best course to take to file criminal (perjury) and civil charges against the person

Only the local prosecutor can charge someone with a crime. If you believe this person has committed a crime, contact the police and/or the local prosecutor.

In the meantime, I suggest you consult with an attorney about the lawsuit filed against you.