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Abuse of process

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P

pculp

Guest
Indiana
My friend is being sued in small claims court and was advised by an attorney to research abuse of process. The case involves my friend and her son. Her son gave power of attorney to a friend who took a forged W-2 form to H & R block and filed his taxes she then had planned on getting the check and paying her bills instead of giving the money to my friends son. Well the girl mentioned to my friend she had filed the tax return so my friend called H & R block because one of the exemptions claimed on the return was a child my friend has custody of and she was entitled to the exemption. Anyway H & R Block advised her to come pick up the check which she did.
The girl who had power of attorney went down at a later date and discovered my friend picked up the tax check for her son and he cashed it. So now the girl who had power of attorney is sueing my friend and her son for the tax check and said my friend and her son stold the check (even though the check was made out to my friends son ) it was later discovered that the W2 form used was forged so my friend is now trying to find out how to go about proving this girl is abusing the court process by filing a claim for tax money which was not owed in the first place and that the girl had used the power of attorney in order to commit a crime which is tax fraud the problem is she filed the taxes for my sons friend he had no knowledge that she used a false w2 form at the time his taxes were filed. He has notified the IRS who is going to investigate this but my sons friend will be held liable for any money owed. Had this been discovered right away they would have returned the money but he had used the money to pay court cost and back child support.
I have been trying to help my friend to write a letter to the judge to ask the the case be dismissed but can't find any good informtaion that really applies to this situation.
We also filled out a change of address just to see if this woman had my friends son's mail going to her house and she did so we now worry that she may have made bills in his name without his knowledge. I told my friend she should ask for a continuance and mabe go talk to another attorney since the one she saw today was of no help to her.
Pamm
 



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