What is the name of your state? OHIO
I agree to a verbal agreement to split ownership of a residential lot with another guy. He gives me a check for his share (50%), but wants to remain 'hidden' in the deal. I tell him to make the check to my wife, as I am putting the lot in her name. He does so. I begin to utilize my half of the lot as access to an adjoining parcel, but leave his portion of the lot untouched. He doesn't like what I'm doing with my half, so files a police report for theft against my wife (it's titled in her name) for theft. The report is thrown out by the township police, with the police stating there was no crime, it's a civil matter. He persists and goes to the township prosecutor, who similarly throws it out. Now he files a temporary restraining order to stop my construction. The judge rules in my favor and denies the TRO stating there is no written contract, he is not on the deed, therefore he legally doesn't own any portion of the lot. Now he files a motion for a preliminary injunction, again with the intent to stop my construction.
I think it's time for me to file a counter-claim:
A. I believe I have him (and his attorney) on filing a frivolous lawsuit.
B. Given his unsuccessful attempt at filing a TRO, in which the court found for me, and his demonstartion of malice (the filed and quelled police report), and my injuries of legal costs, time lost, and hampering my ability to obtain financing (I'm in for cash thus far in my project), do I have muster for vexacious litigation?
C. What about 'Malicious Prosecution' or 'Malicious use of Process'?
He now is plotting to coerce one of the developers of these neighborhood lots to sue me for not adhering to 'restrictions' on the lot (set-back lines...I'm actually further back then the building line); he is telling that developer 'A' that if he doesn't sue me, this guy with another of the developers, developer 'B', will sue 'A'. Yet the township zoning inspector and the county planning officer have approved my use! Unbelievable! Is this developing into a crime or 'barratry' (NOT a misspelling)?
Please advise of my best and most effective options.
At this point, I want his head!
I agree to a verbal agreement to split ownership of a residential lot with another guy. He gives me a check for his share (50%), but wants to remain 'hidden' in the deal. I tell him to make the check to my wife, as I am putting the lot in her name. He does so. I begin to utilize my half of the lot as access to an adjoining parcel, but leave his portion of the lot untouched. He doesn't like what I'm doing with my half, so files a police report for theft against my wife (it's titled in her name) for theft. The report is thrown out by the township police, with the police stating there was no crime, it's a civil matter. He persists and goes to the township prosecutor, who similarly throws it out. Now he files a temporary restraining order to stop my construction. The judge rules in my favor and denies the TRO stating there is no written contract, he is not on the deed, therefore he legally doesn't own any portion of the lot. Now he files a motion for a preliminary injunction, again with the intent to stop my construction.
I think it's time for me to file a counter-claim:
A. I believe I have him (and his attorney) on filing a frivolous lawsuit.
B. Given his unsuccessful attempt at filing a TRO, in which the court found for me, and his demonstartion of malice (the filed and quelled police report), and my injuries of legal costs, time lost, and hampering my ability to obtain financing (I'm in for cash thus far in my project), do I have muster for vexacious litigation?
C. What about 'Malicious Prosecution' or 'Malicious use of Process'?
He now is plotting to coerce one of the developers of these neighborhood lots to sue me for not adhering to 'restrictions' on the lot (set-back lines...I'm actually further back then the building line); he is telling that developer 'A' that if he doesn't sue me, this guy with another of the developers, developer 'B', will sue 'A'. Yet the township zoning inspector and the county planning officer have approved my use! Unbelievable! Is this developing into a crime or 'barratry' (NOT a misspelling)?
Please advise of my best and most effective options.
At this point, I want his head!