QUESTION

Could I file a case for false accusations by myself and where would I need to go?

Asked on Apr 17th, 2015 on Personal Injury - New York
More details to this question:
I was renting a room in an apartment. When I started renting this room, I thought the gentlemen who lived there was absolutely normal, in his 50's, and worked full time. Once I moved in, I found out he was on some kind of disability and stayed home all the time. He took a deposit and monthly rent for the first month. Then 2 weeks later, his girlfriend from Ukraine came who was in her 50s or 60s too and she looked a little crazy. They started drinking, borrowing money from me, and so on. Around Christmas time, my sister came to visit and stay in my room. They told me to pay them $1000 for that week or they will throw us both out. I denied and after that, they kept calling the police, accusing us of fighting, locking us out and turning the lights off. I asked for my deposit back and told him I'm going to move out but he laughed at me and said no. He stole my keys so I had to move out then even though I had nowhere to go. Then two weeks later, I get arrested at my work for something I did do. They accused me of stealing their property and breaking his girlfriend’s arm. He was her witness. I got arrested and had to go through courts for more than six months. They called me and my family asking for $10,000 or putting me in jail. It was horrible. I had to go to the hospital because I had a panic attack after I got out of bookings. I had to leave my job because he came there and told everyone I'm a criminal and now even though case has been sealed it still shows up and I have to explain. It was the worst time of my life and after case was dismissed and sealed, lawyers told me I had no point in suing them because it would be difficult to prove. Case was dismissed in September 2014. I really want these people to pay for what they did to me and they are still renting that room out and God knows what they are doing with other people who rent from them.
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1 ANSWER

Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Yes, you probably could sue them for slander (possibly libel as well), defamation of character, infliction of mental and emotional distress, possibly fraud, breach of contract, abuse of process, maybe one or two other causes of action I have not thought up. And you can subpoena witnesses and hold depostions, demand documents and so forth. You will spend two years, possibly more, doing this. Slim chance of finding a lawyer to take this on contingency (it's possible, but in my view unlikely) in which case you will be spending at least $10,000 in legal fees. If you don't get a lawyer, you will not be able to do an effective job. You can work your way through several of the items I mentioned above, but to really do it well, you need to have someone who knows the system, the procedures, the techniques, etc. You will have to re-live the experience, you will get mired in details. Then, after all that, if you finally win, can this guy pay you anything? Even if he can and does, will it be worth it?
Answered on Apr 21st, 2015 at 10:40 AM

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