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judye · Jun 6, 2010, 11:09 AM

I work in California and I sued a client for nonpayment and I won the case. Now the client is suing me for $1900 for time spent going over my work and claiming that 80% of my work was wrong. I have over 20 years experience in my field. Can I counter sue for so much stress I had to see a dr. (not covered by my insurance) and also defamation.

JudyKayTee · Jun 6, 2010, 11:33 AM

No, you cannot unless the client did this deliberately, without cause, without justification, knowing that the lawsuit was false.

It becomes defamation when you are harmed - can you prove monetary loss?

As a rule of thumb Court filings are exempt from slander/defamation, as is Court testimony.

ballengerb1 · Jun 6, 2010, 12:00 PM

If you could sue for stress I'd be a billionaire by now. We really can't answer the rest of your issue since we have no clue what you did, how well, etc... Looks a judge will be determing this shortly. Get a good lawyer and have him/her state this is haraassment due to a previous suit and is frivolous, worth a shot. I am very much surprised this issue was not raised by the client during your suit and the next judge will wonder this too.

judye · Jun 7, 2010, 08:12 AM

Thank you for your answers. I am a bookkeeper and this job was done online. The client has access to all my work and she still hasn't paid me even though I won the case. She is now suing me out of spite for $1900 for time spent going over the work I did. I no longer have online access so I don't know what they are doing.

JudyKayTee · Jun 7, 2010, 09:36 AM

I repeat what I said earlier and I'll ask a question.

Can you PROVE the lawsuit against you is spiteful OR is there a possibility she was unhappy with your work.

I don't understand why she didn't simply countersue if it's the same matter.

judye · Jun 7, 2010, 10:23 AM

She is suing me for her time, the president's time and CPA time going over my work. I can't prove my work as it was done online and I have no access nor do I know what I did wrong if anything.
She is mad that I sued her for nonpayment and I won.

JudyKayTee · Jun 7, 2010, 10:37 AM

I know what you are saying BUT you are asking if you can sue. No, you cannot if you cannot prove what you are claiming. I understand why you can't but it pretty much ends there.

You can always counterclaim with your thinking and see if the Judge goes for it -