Civil Malicious Prosecution

[sfbmoore]

What is the name of your state (only U.S. law)? Maryland

My ex-husband and his vicious attorney mounted a campaign against me used fabricated claims in bankruptcy to avoid paying a domestic support obligation. They also misrepresented the bankruptcy law in the State Court and the judge severely scolded them, and I finally won.

I spent a huge amount of money on these frivilous claims and would like to sue both of them for civil malicious prosecution. Is there a law is Maryland that allows this?

 

[tranquility]

If actionable, it would be abuse of process and not malicious prosecution. You need more than winning. While you could sue, I wouldn't do it pro per as there are many elements which may not be satisfied. If so, you could be the one liable for the malicious prosecution countersuit.

 

[sfbmoore]

Thanks for responding. Now that I know how to research the question, I can move forward. I would not file this in pro per, but I believe the situation has all of the required elements. I am trying to find an attorney who would take on a case like this. The attorney in this matter has a reputation for doing exactly what she did to me, and needs to be stopped.

 

[HomeGuru]

Good luck to you.

 

[latigo]

The inference from a prior response is that the tort claim of malicious prosecution is only applicable to an unsuccessful meretricious criminal prosecution that is motivated by malice, and/or lacks probable cause. That is not true.

The cause of action for malicious prosecution applies to both civil and criminal proceedings and one of its accepted definitions is “instigating a lawsuit for the purpose of punishing the other person without having a proper justification for the litigation”.

But the key word here is “prosecuting” or “instigating”.

Here you asking about Maryland law from which I’m assuming that your complaints have to do with the offenders misrepresenting “the bankruptcy law in the State Court”.

But who instigated the state court action? From what little we have here it is surmised that you initiated the case to enforce the domestic support order and that the ex-husband defended by claiming that it was discharged in his bankruptcy in disregard of that fact that it was nondischargeable because of Section § 523(a)(5) & (15) of the Bankruptcy Code.

I can’t perceive how the ex-husband would have initiated the state court action other than seeking declaratory relief to determine that the domestic support order was rendered unenforceable. But there is nothing in your post to so indicate.

So if you started the state court lawsuit then you may have some problems with your contemplated lawsuit depending on whether or not Maryland recognizes the tort of “malicious defense.” There are different points of view and you will need to consult with a knowledgeable attorney in your state. Plus there may be other means of redress, such as asserting groundless and vexatious defenses, etc.

Rely on the advice of your attorney, not on anything you find in this forum.