small claims court

[nikita]

After sending a demand notice to an ex friend who owed me money, he turned around and filed a restraining order against me. It was denied by the court, he then hired an attorney and appealed the decision. On december 22 i recieved from the sherif a note to appear. I was supposed to go back to my homestate for xmass, the court date was dec 28. I hired my own attorney and we went to court and again this case was discharged. Can I sue him in a small claims court for malicious prsecution, since I believe I have ample proof, and the judge even commented that this was frivolous.

 

[JETX]

Certainly, you can sue, that is a right that all of us have.. as you have seen, we can sue whether we have a case or not.

However, in your case, the decision to file in Small Claims will certainly be responded to by an attorney (after all the 'ex friend' has already hired an attorney for his previous action). Are you prepared to pursue your case with or without YOUR attorney??

However, be aware that trying to prove an attorney was in 'abuse of process' is a very hard hill to climb, especially when you consider the forum that you will be fighting in.

I might suggest that you file a complaint against the attorney with the State Bar in your 'homestate'. As part of the process, they could (depending on state rules) determine that restitution would be appropriate for your recovery.

 

[nikita]

thanks

thank you for your help I cannot go after the attorney because he based the restraining order on the info he was given the story changed once the plantiff got to court.