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Main Forums => General Issues => Topic started by: spinner on Jan 26, 2005, 07:16:36 PM

Title: what can be done for repeating unreasonable court case
Post by: spinner on Jan 26, 2005, 07:16:36 PM
what can be done after an ex that keeps trying to take you to court for reasons that are simply dismissed??

Everytime we go to court it's 3 or 4 grands and she goes at it every 6 month for a reason or the other. everytimes, court dismisses her case but she play the poor woman and never get to pay attorney fees therefore she keeps doing it.

This is getting to be a pain, ... Any actions I can take ?
Title: RE: what can be done for repeating unreasonable court case
Post by: KAT on Jan 27, 2005, 03:49:05 AM
Check to see what your state has to say on "Vexatious Litigant Law".

KAT
Title: RE: what can be done for repeating unreasonable court case
Post by: onedaddy on Jan 27, 2005, 07:11:37 AM
We were awarded court costs when BM refused to cooperate with the CO and gave us no other choice but to go to court.  We are currently fighting for court costs for an order to show cause when BM refused to answer our letters and when she needlessly stalled a court date.

You might be able to sue in civil court for the $ you've already spent from these ridiciulous suits.

Good luck!
Title: RE: what can be done for repeating unreasonable court case
Post by: spinner on Jan 27, 2005, 07:13:20 AM
how can or do you sue civilly?
small claim court ?
Title: RE: what can be done for repeating unreasonable court case
Post by: EyeforKids on Jan 27, 2005, 04:03:32 PM
The main thing you do is to ask the judge to award you your attorney's fees.
Title: RE: what can be done for repeating unreasonable court case
Post by: spinner on Jan 27, 2005, 04:21:37 PM
well that's what we do but it's always such a mess and she plays the "I am poor" storry and it never happens and she does it again 6 month after
Title: ok, attorney is filing for sanctions
Post by: spinner on Jan 27, 2005, 06:19:05 PM
my attorney is filing for sanctions against her attorney under rule 11 of civil procedure (MN)

what are the chances to get this thru???
Title: RE: ok, attorney is filing for sanctions
Post by: onedaddy on Jan 28, 2005, 05:04:25 AM
We also have a sanctions motion against BM's attorney.  We filed because he illegally obtained  DH's medical records after the judge told him not too.  I'm not sure how easy this is.
Our judge is noticably annoyed with BM AND her attorney they are both playing games and stalling the court unneccessarily.  Hopefully, this will help.

You can bring out a small claims case against BM for whatever you want.  Look up small claims court in your state to find out the rules.  We have our small claims case on June 15th for BM having DH falsely arrested.

If I can't get the law to punish her for abusing the system and tring to destroy our lives I will try and take care of it on my own.  I am not being malicious, just tring to have a life free of undue malicious, prosecution. The only thing that will stop her is punishment.
Title: What do you ask in small claim court?
Post by: spinner on Jan 28, 2005, 07:07:12 AM
Money because sheflasely, ... or what is it that you can ask ?

I am the same way, not malicious but just trying to get a life here. This last court crap and motion and 250 pages we are down to 12 affidavits total (9 of her side), ... and my house down payment went in lawyer's fees again, ...

Getting extremely tired of this
Title: RE: what can be done for repeating unreasonable court case
Post by: spinner on Feb 01, 2005, 01:11:28 PM
well the bottom line here is that the court didn't think this was frivoulous and want a hearing of testimony before it rules.....

I guess they are bored and want to have something to do and put their nose in it therefore it's not frivolous, ....