forced to hire a lawyer under false motion

[melodyh1225]

I was forced to hire an attorney because I received a motion that my ex was suing for custody of my kids. When I went to court, my ex's lawyer and my ex stated that they really didnt want custody, they had another agenda. The agenda that they had did not require me to have an attorney present. My question is: Can I take my ex to small claims court for the attorney fees that I was forced to pay for a false motion?

 

[HomeGuru]

What false motion?

 

[melodyh1225]

reply

I was served a subpoena to appear in court that my ex was suing me for custody. Of course, I retained a lawyer, and when we appeared in court, my ex and his lawyer said that they werent seeking for custody, but they were seeking something else that did not require me to retain an attorney.

 

[HomeGuru]

What something else?
Shall we dance to the melody, melody?
If the complaint was frivolous, your attorney should have asked the Court at the time of the hearing to award you legal fees and costs.
It would appear that there were other issues surrounding this same case that your attorney did work on. Thus, you pay for your own attorney.
In addition, you are trying to change Courts from Family to Small Claims.

 

[melodyh1225]

The other matter was that he wanted his name off the morgage of my home (he quit claimed it to me) At the time, the house was already pending a sale. I provided the documentation for that, and he wanted to make sure that when I relocated to another city that my children were coming with me. I provided documentation for this as well. I had all this documentation beforehand, and the matter never needed to go to "family court". My lawyer didnt tell me to bring any documentation, after the initial consultation, I never spoke to him again until we were in family court.

Friday of last week, I once again, have been subpoenaed because he now wants to claim the kids for a tax deduction. This is the fouth time I have been brought to court since June for this or that t. He gets to retain lawyers at no charge due to a "perk" at his wife's job. When does this become harrassment?

 

[HomeGuru]

Ask your attorney and good luck to you.

 

[melodyh1225]

Homeguru, you never answered my original question, which was can I take someone to small claims court for reimbursment for legal fees? OH, and win!!!
Thanks alot

 

[HomeGuru]

Read my posts again.
You may not even have a cause of action let alone win.

 

[melodyh1225]

thanks...