Wednesday, March 26, 2014

I lost a civil fraud case and now the plaintiff wants to file criminal charges against meThe civil case took place in Toulumne County Califo...

Question

I lost a civil fraud case and now the plaintiff wants to file criminal charges against me

The civil case took place in Toulumne County California and he talked to a attorney in the county I live in which is San Jouquin County. I don't understand

Why it would be filed in a different county than the civil suit. Please advise

Thank you b



Answer

Only district attorneys file criminal charges against people. It sounds like he told you that he was suing you for "malicious prosecution." That's not a criminal case, but a civil case with a criminal sounding name on it. A malicious prosecution suit can be based on a previous civil case that the new plaintiff (who was the old defendant) claims should have never been filed in the first place.

Whether or not the county of filing is appropriate is not clear right now. I would need more detail.



Answer

I agree with Mr. Roach. Jurisdiction may exist in several counties. You should talk to an attorney, although an attorney may not be able to fully answer jurisdiction questions until she/he sees a copy of the complaint. If it criminal charges you should see an attorney right away.



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