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nremtb

Guest
What is the name of your state?OHIO
If someone is taking you to court, (the ex-wife filed suit to reduce visitation), then cancelled everything just prior to the hearing, Can you sue for legal fees associated with consulting your attorney???
 


I AM ALWAYS LIABLE

Senior Member
nremtb said:
What is the name of your state?OHIO
If someone is taking you to court, (the ex-wife filed suit to reduce visitation), then cancelled everything just prior to the hearing, Can you sue for legal fees associated with consulting your attorney???

My response:

Yes. This is called "Abuse of Process". However, if her "excuse" is legally cognizable, e.g., her discovery of facts rendering her action lacking in probable cause, then you may lose your lawsuit. This is because if she maintained an action without probable cause, she would be left open to a potential "malicious prosecution" action by you if she maintained her action despite a lack of probable cause.

IAAL
 
Last edited:
N

nremtb

Guest
??

Okay, so would this be a matter for Small Claims court?
 

I AM ALWAYS LIABLE

Senior Member
nremtb said:
:eek: ...oops....Thank you for the reply.

My response:

There you go! There's nothing that goes further than a judicious use of "social graces".

Anyway, Small Claims court would be proper for this purpose because you have allegedly sustained "money damages". However, since you never said how much money you spent on that litigation; i.e., Attorney's fees, costs, etc., then I can't tell you whether you're within the jurisdictional limit of the Ohio Small Claims court; or, if you're over that limit, whether it would still be a good idea to file in that court and forego the overage.

IAAL
 

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