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Well, it's a win...I suppose.

Started by Hazel, Aug 09, 2006, 06:23:59 PM

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Hazel

Had a rule to show cause filed against me in January '06.  I'm 800 miles away... hired an attorney who turned out to be a poor choice.  (Didn't return calls or let me know what happened in court, yada yada yada.)

As a result, a case that should have been quickly wrapped up ended up taking months and months to resolve.  (There was absolutely no contempt.)

Finally, 3 weeks ago I discharged my attorney and hired a new one who I think is GREAT.  (Former Assistant U.S. Attorney and a very experienced litigator.)

First court appearance by the new attorney, OC withdraws EVERYTHING!  So, it's done and I should be doing the happy dance.

But instead I'm pretty torked because I JUST spent a grand to retain this attorney.

Maybe I should just let it go... but I'm totally irked that this is "justice" - Being accused of a crime that I didn't commit, then spending thousands of dollars defending myself for said "crime" only to have it completely dropped.

In actuality, I feel like pressing a malicious prosecution charge, making my ex absorb thousands of dollars in attorney's fees defending herself, then just dropping it all after about 6 months if it looks like I might lose.

I realize that this may not be the most reasonable course of action.

Can you talk me down?  :)


As always, thanks for everything.

Best regards,
Hazel


socrateaser

>Can you talk me down?  :)

I'm not a therapist. The fact that the other side withdrew should be grounds for attorney fee sanctions, if the action was unjustified.

You could sue for wrongful institution of civil proceeding in small claims and potentially get all your attorney fees covered that way, plut travel expense and any other out-of-pocket damages. But, if the other party has nothing much to garnish or execute against, you may not ever collect any money.