QUESTION

How can I place a suit against someone who has used the courts to harass me?

Asked on Jul 09th, 2023 on Divorce - Maryland
More details to this question:
I am looking for an attorney to file a suit against my ex-husband who keeps taking me to court. He repeatedly takes me to court for issues resolved in another court.
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1 ANSWER

Appellate Practice Attorney serving Cockeysville, MD at Law Office of Jason Ostendorf LLC
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If your ex-husband is filing endless motions in your divorce case, and if they are consistently denied, then you could probably move for sanctions under Md. R. 1-341. This would allow the judge to reimburse you for your counsel fees. On the other hand, if he is filing cases against you outside of the divorce action, then you may have claims against him for abuse of civil process or malicious use of civil process. The problem however is that one of the elements for both causes of action is "special damages," which typically requires arrest or seizure of property. If the husband's actions, for instance, have lead to a foreclosure, then you could have the requisite damages that would allow a Baltimore County divorce lawyer or civil practice lawyer from your specific jurisdiction to pursue the claim. If you do not have arrest or seizure of property as damages, then your best bet would be to hire an attorney, and then move for Md. R. 1-341 sanctions during and after the cases, assuming that you are consistently prevailing.
Answered on Aug 01st, 2023 at 6:43 PM

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