I would like to know if I can file in small claims court for the amount of my attorneys fees.
I had temporary physical and legal custody of our son for 18 months because I had video evidence of his mom abusing him. She was able to spend a few days of week with parent time but she had to be supervised. Last September, my ex took our son to her appointment with her therapist and our son lied to her therapist that I was abusing him. The therapist filed a report with child services (DCFS) that I was abusing him. My wife then filed a fraudulent child protective order against me. The Judge that signed off on the order never looked to see that I already had a child protective order in place, so the local sheriff removed my son from my home. My attorney was able to get a court date in just a few weeks.
The judge ruled again in my favor due to her fraudulent reports and the DCFS report that also showed their was no abuse on my part. I also had an audio where my son told me that his mom told him to report abuse against me or he could get into trouble. Would I claim slander and defamation for what she did. To prepare for this and the attorneys fee's was approx. $8,500.00.00.
I still owe my attorney approx. $20,000.00, and I would like to see if I could win this amount in small claims court. I have to pay her 750.00 per month in Rehabilitative alimony for 18 months, then she needs to pay me child support. If I can win this case, can I ask that this $8500.00 to be deducted from her monthly alimony payments. I would appreciate any suggestion that you can offer. Thank you Brian
I had temporary physical and legal custody of our son for 18 months because I had video evidence of his mom abusing him. She was able to spend a few days of week with parent time but she had to be supervised. Last September, my ex took our son to her appointment with her therapist and our son lied to her therapist that I was abusing him. The therapist filed a report with child services (DCFS) that I was abusing him. My wife then filed a fraudulent child protective order against me. The Judge that signed off on the order never looked to see that I already had a child protective order in place, so the local sheriff removed my son from my home. My attorney was able to get a court date in just a few weeks.
The judge ruled again in my favor due to her fraudulent reports and the DCFS report that also showed their was no abuse on my part. I also had an audio where my son told me that his mom told him to report abuse against me or he could get into trouble. Would I claim slander and defamation for what she did. To prepare for this and the attorneys fee's was approx. $8,500.00.00.
I still owe my attorney approx. $20,000.00, and I would like to see if I could win this amount in small claims court. I have to pay her 750.00 per month in Rehabilitative alimony for 18 months, then she needs to pay me child support. If I can win this case, can I ask that this $8500.00 to be deducted from her monthly alimony payments. I would appreciate any suggestion that you can offer. Thank you Brian
Defamation: Can You Sue to Recover Attorney Fees in Small Claims court
Aucun commentaire:
Enregistrer un commentaire