QUESTION

Can I be sued in small claims by someone who was arrested for committing a crime against me?

Asked on Feb 29th, 2012 on Civil Litigation - California
More details to this question:
I reported a crime to the police and as a result the criminal was arrested and charged by the district attorney. The case was dismissed by the judge on a technicality. Now the criminal is suing me in small claims court for having him falsly arrested. I did not have him arrested the police arrested him based on the evidence. Can he sue me for this?
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1 ANSWER

Victor Obninsky
Anyone can sue anyone for anything if they pay a filing fee.  If there is no basis for the lawsuit and you win or it is dismissed, you probably have a  claim for malicious prosecution.  You can recover your damages from defending the small claims action to the extent they exist.  Good luck.
Answered on Mar 02nd, 2012 at 12:37 PM

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